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HomeMy WebLinkAbout7379 is Lj YrA- 13 , 3 ------ ------ ------ -- ---- --------- --- --- ----- 7,Y7y CHECK BOXES AS C-_`r=�. j ( ) Tape this form to< ca70Q- pull ( ) ZBA copy of NOD CL Check file boxes f(- ( ) Assign next numb ;c outside of file fol( r, . -vrn ( ) Date stamp entiv �- o � w al o o ''o N '', m ,� cn file number 0) � �' C:) � o o Z f ( ) Hole punch eptin ." FD ! (before sending t q ` ' z d W --4 ( ) Create new inrle, CD cn v Print contact infc ' = ;,w' • - ( Prepare transr�nii o'� i . " •, _.,. ( ) ( ) Send original apl 1 : = to Town Clerk W " ( ) Note inside file f and tape to •inslc ( ) Copy County Ta, neighbors and Ai, ( ) Make 7 copies ano, ( ) Do mailing lab01 4 � I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF so Southold 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyC�� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS '�;3a Qal TOWN OF SOUTHOLD tJAA�j 2 5 G 202 Tel.(631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINAT Mbutlylbld Town Clerk MEETING OF AUGUST 20, 2020 , ZBA FILE#7379 NAME OF APPLICANT: Solutions East,LLC PROPERTY LOCATION: 1055 North View Drive, Orient,NY SCTM# 1000-13-3-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps,under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its -- - - - - - - -- -- - -- - - -- - reply dated December 16, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 28,312 square foot parcel located in an R-40 Zoning District. The parcel measures 156.50 feet along the northerly property line fronting North View Drive, measures 200.00 feet along the westerly property line, measures 157.93 feet along the southerly property line and measures 125.00 feet along the easterly property line. The parcel is improved with a two-story frame house and garage. All is shown on a survey prepared by John C. Ehlers,L.L.S., last revised November 23, 2019. BASIS OF APPLICATION: Request for a Variance from Article III, Sections 280-15 and the Building Inspector's November 19, 2019 Notice of Disapproval based on an application for a permit to construct an accessory garage; at 1) located in other than the code permitted rear yard; located at 1055 North View Drive, Orient, SCTM No. 1000- 13-3-1. RELIEF REQUESTED: ,The applicant requests a variance to construct an accessory garage in the front yard where code requires that accessory structures be located in the rear yard. AMENDED SURVEY: During the hearing on March 5, 2020, the applicant was asked to move the location of the proposed accessory garage farther away from the road by creating a larger front yard setback. The applicant, on June 30, 2020, submitted a new survey increasing the front yard setback from the originally proposed 10 feet to 25 feet from the front property line,thereby mitigating the visual impact of the proposed front yard location. During a second public hearing on July 9, 2020,the applicant's representative was asked to locate the proposed garage Page 2,August 20,2020 #7379, Solutions East SCTM No. 1000-13-3-1 further away from the front yard property line. In order to comply with the request, the applicant agreed to reduce the size of the proposed two car garage from 22 feet x 22 feet, by making it a one and a half car garage measuring 18 feet x 22 feet. Additionally, the applicant agreed to plant a row of evergreens to further screen the accessory garage from view. On August 10, 2020, the applicant submitted a survey prepared by Harold F. Tranchon, Jr., L.S. last revised August 5, 2020 depicting a proposed garage setback 32 feet from the front yard property line and 10 feet from the side yard property line, measuring 18 feet x 22 feet and showing a row of evergreen plantings. Again on August 19, 2020, the applicant submitted a revised survey, last revised August,1,9, 2020, depicting the location of dry wells. ADDITIONAL INFORMATION: On August 19, 1980, a prior owner was granted relief pursuant to NYS Town Law 280-a for access to a town road. The applicant's representative submitted comparable prior variances granted by the Board of Appeals for accessory structures in a front yard in the subject neighborhood: #6424,November 16, 2010, 1060 North View Drive, alternative relief was granted with conditions for an art studio located in the front yard. #7031, March 16, 2017, 370 Sound View Drive, a variance for an in-ground swimming pool located in the front yard was granted. #7035, March 16, 2017, 1315 Hillcrest Drive, a'variance for an as built pergola located in the front yard was granted. #7083, October 5, 2017, 455 North View Drive, variances for construction of a pool house and in-ground swimming pool located in the front yard was granted. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 5,2020 and July 9, 2020 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of the variance relief as applied for and shown on the amended survey will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single-family homes. North View drive is a private road and the applicant's house is the last property on the end of the road. Only one other property owner would drive past the garage to get to their house. There are accessory garages in the front yards on lots across the street from the applicant's lot. Moreover, while the proposed garage is located 32 feet from the front yard line the road itself is located an additional 24 feet from the applicant's property making the garage setback close to 56 feet from the edge of the pavement. 2. Town Law $267-b(3)(b)(U The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could attach the garage to the house or build an accessory garage in a conforming rear yard location. However,the parcel is very slopped, becoming higher toward the rear of the property, so the applicant would have to build retaining walls and excavate substantially in order to build the garage and the driveway entering the garage, if located in a conforming rear yard. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 1,00% relief from the code. However, the applicant's parcel is located at the dead end of a private road and is not visible to public view, and there are other accessory structures in the neighborhood that have also received relief for a non- conforming front yard location. Page 3,August 20,2020 #7379, Solutions East SCTM No. 1000-13-3-1 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant removed the existing garage when it renovated the house. Further, the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law V67-b. Grant the relief as applied for and shown on the amended survey last revised August 5, 2020 is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage in the front yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried,to GRANT the variance relief as applied for and shown on the amended survey prepared by Harold F. Tranchon Jr. P.C, Land Surveyor, last revised August 19, 2020 SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant must submit revised architectural drawings for the proposed 16 feet by 22 feet accessory garage as shown on the amended survey cited above Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three Page 4,August 20,2020 #7379,Solutions East SCTM No. 1000-13-3-1 (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior'to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote-of the Board: Ayes:Members Weisman(Chairperson)Acampora,Dantes,Lehnert, and Planameinto(5-0)., L lie Kaneseismanrl�x Chairperson Approved for filing /2020 ------------ ------ - \ FINAL MAP MAP REVD Y SEE DECISION 7 DATED 'a /off /cam 40, l� r FltJAL ' • � � $SOS `SSd �-r.S's A� .Job Date Elizabeth Thompson Architect - - -�o � �orz,,�4 �11t✓�k P2t1�t 7/3 A P.O. Box 464 917-848-1541 Title Scale Orient, NY 11957 -- - www.elizabeththompsonarchitect.com , AT15 FLA 1. Nt __49- 1 FINALFINAL MAP AP REIED REVIEWED BY Z8A SEE ECIS1 - �- '7 � �--� ` i ®ATE w = wrl Job Date Elizabeth Thompson Architect =_- " [a55; `D �I p � meepr, wy V3 1./ZP :­.P.O. Box 464 917-848-1541 Title scale Orient, NY:11957 .67406 I� ���� l� __. _ www.elizabeththompsonarchitect.com __ i i i J-I fiT-1J jA NAL AP "VIS E® BY ZBA � SLE DECIsION 7.1 Thompson Architect = _Job I D Date Elizabeth Thom p D�AUT DIY ����i9 - P.O. Box 464 917-848-1541 Title Scale Orient, NY 11957 ----- --- - -- --- ---- - - - - ---- - -- - -- • - �- www.elizabeththompsonarcl7itect.com v`5�l�/-rim COUNTY OF SUFFOLK RECEIVED DEC 2 *3 2019 5 Zoning Board Of Appeals OFFICE OF THE COUNTY EXECUTIVE Steven BelloTY EXE e SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning December 16, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road - P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Franco, Edmond #7377 Solutions East LLC #7379 Beachwood RD. 22 LLC #7380 Very truly yours, - Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th•FI ■ P O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 y FORM NO.3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT TT N O V 2 5 2019 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zoning Board Of Appea'S DATE:August 7,2019 RENEWED:November 19,2019 TO: Solution East LLC 1055 North View Drive Orient,NY 11957 Please take notice that your application dated August 1,2019 For permit to construct an accessory.-earaae-at Location of property: 1055 North View Drive,'Orient;NY County Tax Map No. 1000—Section 13 Block 3 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed consttnction-i's not peribittdd-t-ursuant Section 180=1 which•siates flidi acdessory 9Eii_tures•sliall; be Iocafed nihe required real-yard .The prop-osed•accessorV aaia0eis=located in the_front yard. W�utli " Cc:File,ZBA f - - i APPLICATION TO THE SOUTHOLD TOWN BOARD OF - PEAL§SECEIVED ee$$ Filed By: Date Assigned/Assignment No. p 6 �1 E$ Ice Notes• = peals House No. 1055 Street North View Drive Hamlet Orient SCTM 1000 Section-13—Block-3—Lot(s)_I—Lot Size-28,312—Zone—R-40— I -40I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November ,2019 BASED ON MAP DATED 11-23-19 Applicant(s)/Owner(s): Solutions East,LLC Mailing Address: 440 West 44thStreet,NY,NY 10036 Telephone:_ Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: acmoore(a,mooreattys.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 11-23-19 and DENIED AN APPLICATION DATED_August 1,2019 FOR: E Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Section 280- 15 Subsection (accessory in a rear yard) Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal E has,has not been made at anytime with respect to this proyerfy, NDER Appeal No. 2722 Year 7/19/80 (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Solutions East,LLC ZBA File# N O V 2 5 919 REASONS FOR APPEAL(additional sheets may be used withpreparer's signal rning Board Of Appeal r AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is located on a sloped parcel and the house was recently renovated. The attached garage bays of the existing house were converted to living space with a plan to build a detached garage. The house has no basement storage and garage space is necessary. In order to build a garage in the "rear yard" significant retaining walls would be required. A longer driveway and retaining walls would create unnecessary disturbance to the existing yard. The survey shows the topography of the lot in the area of the proposed garage and the proposed location provides a flat area for construction of the proposed garage and is adjacent to the existing driveway. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: In order to build a garage in the rear yard, the driveway would have to be cut into the slopes and the garage would require retaining walls. This would cause extensive excavation, regarding, and multiple retaining walls which are very costly and create extensive disruption to the property and the neighborhood. (3) The amount of relief requested is not substantial because: North View Drive ends in front of the applicant's property. The property line is 45' from the private road (improved portion of private road). The proposed 10' setback places the garage at 50 feet from the road. The area in front of the property is maintained by the applicant. The applicants cut the grass & trim trees on the right of way. The area of land between the applicant's property and the road would not be maintained if the applicant did not maintain this area. The Association ask the homeowners to maintain(cut the grass and trim trees) the right of way in front of their property. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The purpose of the variance is to reduce the physical disturbance to the property which would be required if the garage were to be constructed in a conforming rear yard. The house is split level and attaching the garage to the existing house would not be desired. An attached garage would detract from the renovations to the existing house. The renovation to the existing house is a significant investment and the proposed location of the garage adjacent to the existing driveway is a desirable design with no impact to the community. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x)No. Existing slopes make construction of a garage and driveway to the rear of the property difficult. Overall disturbance to the land is minimized by the proposed location of the detached garage. Are there Covenants and Restrictions concerning this land: No. E Yes((lease furnish copy).cony). RECEIVED This is the MINIMUM that is necessary and adequate,and at the same ime p e n ' Y otect the character of the neighborhood and the health,safety,and welfare of the community. Of A eats Check this box O IF A USE VARIANCE IS BEING REQUESTED DAn �? ATTACHED USE VARIANCE SHEET.• (Please be sure to sult your orney.) Ire Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this da of IVOO• ,20_L_� . Not y Publ V91nffT C RUTKOWSKI WT/,�YtPUkWQ,,9,TATE OF cwt YORK Registration,fyo,04,,RJA982529 Qyalified jrr,,�#Qlk,Co�tntp 0 a 3 My Commissioy Expires Jun®3;_ ' v `� ,'•rS �J I�bW�'l s C RECEIVED Liber 4064 page 33 NOV 2 5 2019 ... the following restrictions are placed on the said premises: [Zoning Board Of Appeals �. No building shall be erected or permitted upon any portion of said premises-ath an a single, one-family detached dwelling house on a fully enclosed (except for necessary doors and windows) masonry foundation, of not more than one and a half stories in height; and containing within its exterior walls (not including porches or any attached garage) on the ground floor not less than seven hundred fifty (750) square feet, or other than a private garage and other necessary and proper outbuildings (except privies) for the use of the occupants of such dwelling house. 2. No lot shall be of less than 10,000 square feet. I That no fence or hedge shall be erected or permitted upon said premises exceeding four feet in height. 4. That no building or other structure, except a pump house, shall be erected or permitted which, measured from its main foundation walls, shall be within ten (10) feet of any lot, boundary or property line. 5. That no earth or mineral deposit shall be sold or removed except for the proper grading and landscaping of the premises. 6. That the premises of any structures erected thereon shall be used solely for residential purposes, and shall not be at any time used for the purpose of any trade, manufacture, or business of any description, or as a school, hospital, or other charitable institution; nor shall anything be maintained, carried on, suffered or permitted upon the premises or any part thereof which shall be dangerous, noxious or offensive; provided, however, that the land may be cultivated for private garden and landscape purposes. 7. That only such animals as are commonly considered as the customary domesticated pet type shall be kept on the premises. 8. These restrictions shall run with the land and bind the parties and all future owners thereof. IRECEIVEDAPPLICANT'S PROJECT DESCRIPTIO 2 5 L019APPLICANT: Sn(U�, s �G�iS�- L� DATE PRFQrrilchf 1.For Demolition of Existing Building Areas Please describe areas being removed: NoVIC- II.New Construction Areas(New Dwelling or New Additions/Extensions): 6,cuy gG c Ar; aW r l Dimensions of first floor extension: '�z d' X '=� -, �c rye Dimensions of new second floor: . Dimensions of floor above second level: Height(from finished ground to top of ridge): 9 Is basement or lowest floor area being constructed?If yes,-please provide height(above ground) measured from natural existing grade to first floor: W M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: No Ct avragj' Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): iia y-T Existing square footage of buildings on your property: ko�( (2-,- f7) + L Z-`7) 1 qy) s� Proposed increase of building coverage: 4F`I !9�, Square footage of your lot: (Z -,v-, Percentage of coverage of your lot by building area: M 6771 4 N3� o V.Purpose of New Construction: PAA VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 I QUESTIONNAIRE �✓ FOR FILING WITH YOUR ZBA APPLICATI,O RECEIVED A. Is the subject premises listed on the real estate market for sale? NOV 5 201 Yes ✓No B. ,Are there any proposals to change or alter land contours? Zoning Board Of Appeals No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N(A. 3.)Is the property bulk headed between the wetlands area and the upland building area? r4/14 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A- Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? bV Q E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? IJv Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? &S If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: f�. P �( 302-� NoU<we' G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 1Nv If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel 0t,k,0,a and the proposed use (SCLMC ce . (ex: a fisting s gleainily,proposed: same with garage,Ool or other)' X-attro-n—z—ed signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED WHEN TO USE THIS FORM: This form must be completed by the appicant ftVrX ppol l use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located inn agricultural district. All applications requiring an agricultural data statement must be referre �d'm% Wdlc�`u`i'iy-als Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: uS L--c, 2. Address of Applicant: y�,krp ; D vie tiY 3. Name of Land Owner(if other than Applicant): , --,I ( � . 4. Address of Land Owner: 5. Des5c4ption of Proposed Project: ,n-,4pyc( Co rxyrr—c,P -}n 6. Location of Prop rty: (road and Tax map number) 0 © -e#A- Dr CYk 7. Is the parcel within 500 feet of a farm operation? es { } No 8. Is this parcel actively farmed? { } Yes { ) No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 3V - -5 2. ,- ry_,j C_�G 3. d I 4. &4k 9—, 5. I l 6. (Please use the backi page if there are additional property owners) Signature o Applicant Date Note: 1. The local-Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B RECEIVED Short Environmental Assessment Form Instructions for Completing N VV 2 5 20 i9 Part 1-Project Information. The applicant or project sponsor is responsible for the coL o �Qt� {I� nshbecome part of the application for approval or funding,are subject to public review,and mayect-to-further-verifrcation. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information 64sf- LL C Name of Action or Project: .56 /v 7�7 0'/'7 s �a 4-- vra Project Location(describe,and attach a location map) /V 55— A&V4%V/CW o�w� Brief Description of Proposed Action: G©' AwIn �ivhf �I /t. /V©o - Name of Applicant or Sponsor: Telephone: :/ 7 5-9—Y— C19 77 Address: �('� �mcc�1 CdM City/PO: 7 State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? ' 00/ acres c.Total acreage(project site and any contiguous properties)owned i or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial e'1Zesidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the Axisting buflifW�ha ral NO YES landscape? I I V/ 7. Is the site of the proposed action located in,or does it adjoin,a state liste°d Critic vuo 1 Area? NO YES If Yes,identify: arOf 8. a.Will the proposed action result in a substantial increase in traffic abovb-presen-IL-vels?—--" NO YES b.Are public transportation service(s)available at or near the site of the proposed action? f c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ,,! N/14 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? t--- b. /b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14 Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Aocultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban [2Zburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? O ❑YES b.Will storm water discharges be directed to established conveyance systems(rano�nd storm drains)? If Yes,briefly describe: L'NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 4446 r— 19.Has the site of the proposed action or an adjoining property been the to ation ofct ve or closed NO YES solid waste management facility? I If Yes,describe: NOV u 521019 1 0 20.Has the site of the proposed action or an adjoining property been the suljecko rim iation{ongoing-o NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na 4116ee" Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 o,or Moderate small to large R E� �_ "imp ct may ma occur occ r a 10. Will the proposed action result in an increase in the potential for erosion,flooding o drainage Mill problems? 11. Will the proposed action create a hazard to environmental resources or human healt �4on11- _ n`g Bo ard Of Ap)c-a)s Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER RE CEIVE TRANSACTIONAL DISCLOSURE FORM 1lP z q The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers an evmploYees..1 purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. _ Zoning Board of AfipeaIQ YOUR NAME : S(:> Gl y7L-r (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and-date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or•describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this °tom y of 0/ 17 Signature Print Name RECEIVED OPERATING AGREEMENT OF 0 SOLUTION EAST,LLC DEC 412019 A NEW YORK LIMITED LIABILITY COMPANY zoning Board Of Appeals Operating Agreement dated_as of February 15, 2012, by and between Charles Kitz (hereinafter "Kitt"), Anne Marino (hereinafter "Marino") and ;Bernard Telsey ' (hereinafter"Telsey")(hereinafter collectively referred to as the"Members"). WITNESSETH: WHEREAS,the parties have formed a limited liability company (the "Company") under the New York Limited Liability Company Law (the "Act") and upon the terms and conditions of this Agreement;and WHEREAS, the Members wish to set forth their agreement as to how the business and affairs of the Company shall be managed and their rights and obligations with respect to the Company; NOW THEREFORE, in consideration of the mutual promises contained in this Agreement;the parties hereby agree as follows: ARTICLE I Definitions 1.1 Defmitions. In this Agreement, the following terms shall have the meaning set forth below: (a) "Articles of Organization" shall mean the Articles of Organization of the Company filed or to be filed with the New York Secretary of State, as may from time to time be amended. (b) "Capital Account" as of any date shall mean the Capital Contribution to the Company by a Member, adjusted as of such date pursuant to this Agreement. (c) "Capital Contribution" shall mean any"contribution by a Member to the capital of the Company in cash, property or services rendered or a promissory note or other obligation to contribute cash or property or to render services. (d) "Code" shall mean the Internal Revenue Code of 1986, as amended, or any superseding federal revenue statute. (e) "Company"shall refer to Solution East,LLC. (f) "Distribution"means any cash and other property paid to a Member of the Company from the operations of the Company. ' (g) "Fiscal Year" shall mean the fiscal year of the Company, which shall be the year ending December 31 st. (h) "Membership Interests" shall mean with respect to the Company, the << value of all Capital Contributions and with respect to any Member, the ratio of the value of the Capital Contribution of such Member to the aggregate value of all Capital RECEIVED Contributions. (i) "Member" shall mean each Person who or which executes a counterpartof DEC 0 4py this Agreement as a Member and each Person who or which may hereafter become a party to this Agreement. (j) "Net Losses" shall mean the losses of the Company, if any; determinIec`1-a°�ri� Board of Appy.::; accordance with generally accepted accounting principals employed under the cash method of accounting. (k) "Net Profits"shall mean the income of the Company, if any, determined in accordance with generally accepted accounting principles employed under the cash method of accounting. (1) "New York Act" shall mean the New York Limited Liability Company Act. (m) "Person" shall mean any individual, corporation, governmental authority, limited liability company, partnership,trust,unincorporated association or other entity. (n) "Selling Member" shall mean a Member desiring to sell a Membership Interest. (o) "Treasury Regulations" shall mean all proposed, temporary and final regulations promulgated under the Code as from time to time in effect. ARTICLE II Formation and Business of the Company 2.1 Formation. The Company was organized on November 29,2011, in accordance with and pursuant to the Act. 2.2 Name. The name of the Company is Solution East,LLC. The Company may do business under that name and, as permitted by applicable law, under any other name determined from time to time by the Members. 2.3 Purpose of the Company- The purpose of the Company is to acquire, develop, manage, lease, finance, refinance, sell, exchange or otherwise dispose of or deal with interest in, the real estate (and improvements thereon, if any) located at 1060 Second Street, New Suffolk, New York 11956, and do any and all other things necessary, customary,related or incidental to any of the foregoing, and to do the same with respect to any real property that the Company may acquire,and to conduct any lawful business or activity whatsoever, as permitted by applicable law and as determined from time to time by the Members. The Company may exercise all powers necessary to or reasonably connected with the Company's business from time to time, and may engage in all activities necessary, customary, related or incidental to any of the foregoing. The Company shall not engage in any other business or activity without the unanimous consent of the Members. 2.4 Principal Office. The Company's principal place of business shall be located at 110 Eastside Avenue, Mattituck, New York 11952, or such other place determined from time to time by the Members. The Company may have such other business offices withifiCEIVED or without the State of New York as determined from time to time by the Mem ers. DEC 0 4 2099 2.5 Registered Agent. The name and address of the Company's registeref agent for the service of process and the registered office shall be that person and location reflected in the Articles of Organization as filed in the State of New York. The re is rd Of Appeals may be changed from time to time by the Members upon the filing of the name and address of the new registered agent with'the New York Secretary of State pursuant to the Act. 2.6 Term. The term of the Company shall-commence on the date hereof and shall be of unlimited duration, unless the Company is earlier dissolved in accordance herewith, and with the Act. 2.7 Publication, Within 120 days after the effectiveness of the initial Articles of ,Organization,the Manager shall cause a notice containing the substance of the Articles of Organization, in the form required by the Act,to be published once in each week for six successive weeks in two newspapers of the county in which the principal office is located. ARTICLE III Members 3.1 Names and Addresses. The names and addresses of the Members are as follows: Charles Kitz(as to one(1)unit of"Membership Interest) 110 Eastside Avenue Mattituck,NY,11952 Anne Marino and Bernard Telsey,(as to one(1)unit of"Membership Inteiest") As Joint Tenants with Right of Survivorship 440 West 44th Street New York,NY 10036 3.2 Additional Members. A Person may be admitted as a Member after the date of this Agreement upon the vote or written consent of a majority of Membership Interests. 3.3 Books and Records. The Company shall keep books and records of accounts and minutes of all meetings of the Members. Such books and records shall be maintained on a cash basis in accordance with this Agreement. 3.4 Information. Each Member may inspect during ordinary business hours and at the principal place of business of the Company, the Articles of Organization, the Operating Agreement, the minutes of any meeting of the Members and any tax returns of'the Company for the immediately preceding three Fiscal Years. 3.5 Limitation of Liability Each Member's liability shall be limited 7as to ork 'in�--- this Agreement, the New York Act and other applicable law. A Member shall notrEbe personally liable for any indebtedness, liability or obligation of the Company,excrren�t that such Member shall remain personally liable for the payment of his or heQtA12019 Contribution of such Member and as otherwise set forth in this Agreemen - the New York Act and any other applicable law. Zoning Board Of Appeal_ 3.6 Sale of All Assets. The Members shall have the right, by the vote or written consent of at least two-thirds of all Membership Interests, to approve the sale, lease exchange or other disposition of all or substantially all of the assets of the Company. 3.7 Priority and Return of Capital. No Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Net Profits, Net Losses or a Distribution; provided, however, that this Section shall not apply to loans or other indebtedness (as distinguished from a Capital Contribution) made by a Member to the Company. 3.8 Liability of a Member to the Company. A Member who or which rightfully receives the return of any portion of a Capital Contribution is liable to the Company only to the extent now or hereafter provided by the New York Act. A Member who or which receives a Distribution made by the Company in violation of this Agreement or made when the Company's liabilities exceeds its assets(after giving effect to such Distribution) shall be liable to the Company for the amount of such Distribution. t 3.9 Financial Adjustments. No Members admitted after the date of this Agreement shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. The,Managing Member(s)may, at their discretion,at the time a Member is admitted,close the books and records of the Company (as though the Fiscal Year has ended) or make pro rate allocations of loss, income and expense deductions to such Member for that portion of the Fiscal Year in which such Member was admitted in accordance with the Code. ARTICLE IV Management 4.1 Management Authority of Members. The business, operations and affairs of the Company shall be managed by Marino and Kitz, Managing Member(s), who shall have the powers, duties and authority described in this Section 4 and under the New York Act and who shall take all action by unanimous agreement. These Managing Member(s)shall have the power on behalf of the Company to enter into contracts; to acquire property and to lease all or any portion thereof; to sell,assign, or transfer for value all or any portion of the property of the Company; .to borrow money and, as security therefor, to assign, mortgage, encumber, hypothecate or pledge all or any part of the property of the Company; to obtain replacements for any such mortgage or mortgages; to prepay, in whole or in part, refinance, recast, increase, modify or extend any mortgages; to lend money or guarantee loans to affiliates; to enter into contracts to provide co tructiou ± RECEIVED renovation, repair, organizational, managerial or other services; to exercise and fulfill the rights, powers and duties of the Company, acting in its capacity as general oar li partner of any partnership in which it is a partner; to employ from time to time peso ff"s, 20I9 firms or corporations in the operation of the Company business, including without limitation, accountants and . attorneys, on such terms and for such r nal?leoard Of Appeals compensation as the Managing Member(s) shall determine; and to execute, ac now e-dge and deliver any and all instruments to effectuate the foregoing. By way of extension of the foregoing and not in limitation thereof, the Managing Member(s) shall, except as otherwise, provided in this Agreement, have all the management rights and powers granted to members by the Act. No assignee or.transferee for value of all or any portion of the property of the Company shall be required to investigate the Managing Member(s)'s authority to sell, assign, transfer for value or otherwise liquidate all or any portion of any interest in such property. Any such sale, assignment or transfer for value, if executed by the Managing Member(s), shall bind the Company. If, at any time, the aggregate Membership Interests of the Managing Member(s) shall be less than twenty- five percent(25%),the business, operations and affairs of the Company shall be managed by all •of the Members. Marino shall have the unilateral right by a written and acknowledged resolution, to appoint Telsey as a Managing Member in her place and stead. Upon the death or mental incapacity of Marino, Telsey shall become a Managing Member in her place and stead. 4.2 Limitation on Managing Member(s)'s Separate Authority. The authority of (• Managing Member(s) to act for the Company solely by virtue of their being members is limited as follows: (i) no Member of the Company is an agent of the Company solely by virtue of being a Member, and (ii) no Member has authority to act for the Company solely by virtue of being a Member. 4.3 Right of Managing Member(s) to Pursue Other Ventures The Managing Member(s) shall devote to the conduct of the Company business so much of their time as may be reasonably necessary for the efficient operation of the Company business. The Managing Member(s) may engage in and/or possess an interest in other business ventures of.every nature and description, independently or with others, including, but not limited to,the ownership,financing,leasing,operation, management,syndication,brokerage, and development of real and/or personal property wherever located, and neither the Company nor the Members shall have any rights in and to said independent ventures or the income or profits derived therefrom. 4.4 Exculpation. Except as otherwise expressly provided by the New York Act or herein, no Member shall be liable,responsible or accountable in damages or otherwise to the Company, or to any Member for any acts or omissions performed or omitted in good faith and in a manner reasonably,believed by the Member to be within the scope of the authority conferred upon him or it by this Agreement and in .the best interests of the Company. 4.5 Indemnification. The Company shall indemnify and hold harmless each�Vleiril�er S,.e from and against any loss, expense, damage or injury suffered or sustained by him or it by reason of any acts or omissions or alleged acts or omissions arising out o FYN activities on behalf of the Company or in furtherance of the interests of the mpany, including, but not limited to, any judgment, award, settlement, reasonable attorney's fees and other costs or expenses incurred in connection with the defense ofcanyw actual gJrAppeals threatened action, proceeding or claim, provided that the act or omissions, or alleged acus or omissions, upon which such actual or threatened action, proceeding or claim is based were performed or omitted in good faith and in a manner reasonably believed by the Member to be within the scope of the authority conferred upon the Member by this Agreement and in the best interests of the Company. Such indemnification shall be made only to the extent of assets of the Company. 4.6 Officers. The Managing Member(s) may designate one or more individuals as officers of the Company, who shall have such titles and exercise and perform such powers and duties as shall be assigned to them from time to time by the Managing Member(s). Any officer may be removed by the Managing Member(s) at any time, with or without cause. Each officer shall hold office until his or her successor is elected and qualified. Any number of offices may be held by the same individual. The salaries and other compensation of the officers shall be fixed by the Managing Member(s). ARTICLE V Meetings of Members 5.1 Annual Meeting. The annual meeting of the Members shall be held at such time as shall be determined by the vote or written consent of the Membership Interests for the purpose of the transaction of any business as may come before such meeting. 5.2 Special Meetings. Special meetings of the Members, for any purpose or purposes, may be called by any Member holding not less than ten percent of the Membership Interests. 5.3 Place of Meetings. Meetings of the Members may be held at any place, within or outside the State of New York, for any meeting of the Members designated in any notice of such meeting. If no such designation is made,the place of any such meeting shall be the chief executive office of the Company. 5.4 Notice of Meetings. Written notice stating the place,day and hour of the meeting indicating that it is being issued by or at the direction of the person or persons calling the meeting, stating the purpose or purposes for which the meeting is called shall be delivered no fewer than ten nor more than sixty days before the date of the meeting. 5.5 Record Date. For the purpose of determining the Members entitled to notice of or to vote at any meeting of Members or any adjournment of such meeting, or Members entitled to receive payment of any Distribution, or to make a determination of Members � 1 for any other purpose, the date on which notice of the meeting is mailed or the;tteJ�o�n which the resolution declaring Distribution is adopted, as the case may be, shall be tkze record date for making such a determination. When a determination OPMemlpp e ,t1 9 to vote at any meeting of Members has been made pursuant to !(this le22t e determination shall apply to any adjournment of the meeting. l --ming Board Of Appeals 5.6 Quorum. Members holding not less than a majority of all Membership Interests, represented in person or by proxy, shall constitute a quorum at any meeting of Members. In the absence of a quorum at any meeting of Members, a majority of the Membership Interests so represented may adjourn the meeting from time to time for a period not to exceed sixty days without further notice. However, if the adjournment is for more than sixty days, or if after the adjournment a new record date is fixed for the adjourned meeting, a notice of the adjourned meeting shall be given to each Member of record entitled to vote at such meeting. At an adjourned meeting at which a quorum shall be present or represented,any business may be transacted that might have been transacted at the meeting as originally noticed. The members present at a meeting may continue to transact business until adjournment, notwithstanding the withdrawal during the meeting of Membership Interests whose absence results in less than a quorum being present. 5.7 Manner of Acting. If a quorum is present at any meeting, the vote or written consent of Members holding no less than a majority of Membership Interests shall-be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the New York Act,the Articles of Organization or this Agreement. i 5.8 Proxies. (a) A Member may vote in person or any proxy executed in writing by the Member or by a duly authorized attorney-in-fact. (b) Every proxy must be signed by the Member or his or her attorney-in-fact. No proxy shall be valid after the expiration of eleven months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the Member executing it,except as otherwise provided in this Section. (c) The authority of the holder of a proxy to act shall not be revoked by the incompetence or death of the Member who executed the proxy unless, before the authority is exercised, written notice of an,adjudication of such incompetence or of such death is received by any Managing Member(s). (d) Except when other provisions shall have been made by written agreement between the parties, the record holder of a Membership'Interest which he, she or it holds as pledgee or otherwise as security or which belongs to another, shall issue to the pledgor or to such owner of such Membership Interest, upon demand therefor and payment of necessary expenses thereof,a proxy to vote or take other action thereon. (e) A proxy which is entitled "irrevocable proxy" and which states that it is irrevocable, is irrevocable when it is held by (i) a pledgee, (ii) a Person who has purchased or agreed to purchase the shares, (iii) a creditor or creditors of the corporation who extend or continue credit to the corporation in consideration of the proxy if the proxy states that it was given in consideration of such extension or continuation of credit, the amount thereof, and the name of the person'extending or continuing credit, (iv) a r I 3 Person who has contracted to'perform services as an officer of the corporation, if a RUT XJED is required by the contract of employment, if the proxy states that itwas given in consideration of such contract of employment, the name of the employee and tgg�� of employment contracted for, or (v) a nominee of any of the Person des,' d 2019 clauses(i)-(iv)of this sentence. (f) Notwithstanding a provision in a proxy, stating that it is i ,e�Aeaeakae0f Appeals proxy becomes revocable after the pledge is redeemed, or the debt of the-Company is paid, or the period of employment provided for in the contract of employment has terminated and,,in a case provided for in Section 5.8(e)(iii) or (iv) of this Agreement, becomes revocable three years after the date of the proxy or at the end of the period, if any, specified therein, whichever period is less, unless the period of irrevocability is renewed from time to time by the execution of a new irrevocable proxy as provided in this Section. This paragraph does not affect the duration of a proxy under paragraph(b) of this Section. (g) A proxy may be revoked, notwithstanding a provision making it irrevocable, by a purchaser of a Membership Interest without knowledge of the existence of such proxy. 5.9 Action by Members Without a Meeting;, (a) , Whenever the Members of the Company are required or,permitted to take any action by vote, such action may be taken without a meeting, without prior notice and without a vote, if a consent or consents in writing, setting forth the action so taken shall be signed by the Members who hold the voting interests having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all of the Members entitled to vote therein were present and voted and shall be delivered to the office of the Company, its principal place of business or a Managing Member, employee or agent of the Company. Delivery made to the office of the Company shall be by hand or by certified or registered mail,return receipt requested. (b) Every written consent shall bear the date of signature of each Member who signs the consent,and no written consent shall be effective to take the action referred to therein unless, within sixty days of the earliest dated consent delivered in the manner required by this Section to the Company, written consents signed by a sufficient number of Members to take the principal place of business or a Managing Member, employee or agent of the Company having custody of the records of the Company. Delivery made to such office, principal place of business of Managing Member, employee or agent shall be by hand or by certified or registered mail,return receipt requested. (e) Prompt notice of the taking of the action without a meeting by less than unanimous written consent shall be given to each Member who has not consented in writing but who would have been entitled to vote thereon had such action been taken at a meeting. 5.10 Waiver of Notice. Notice of a meeting need not be given to any Member who submits a signed waiver of notice, in person or by proxy, whether before or after the meeting. The attendance of any Member at a meeting, in person or by proxy, without protesting prior to the conclusion of the meeting the lack of notice of such meeting, shall constitute a waiver of notice by him or her. 5.11 Voting Agreements. An agreement between two or more Members, if in writing and signed by the parties thereto, may provide that in exercising any voting rightsR Y VED Membership Interest held by them shall be voted as therein provided, or�as they may agree,or as determined in accordance with a procedure agreed upon by them. DEC 0 4 2019 ARTICLE VI Capital Contributions Zoning Board Of Appeals 6.1 Capital Accounts. A Capital Account shall be maintained for each Member. Each Member's Capital Account shall be increased by the value of each Capital Contribution made by the Member, allocations to such Member of the Net Profits and any other allocations to such Member of income pursuant to the Code. Each Member's Capital Account will be decreased by the value of each Distribution made to the Member by the Company, allocations to such Member of Net Losses and other allocations to such Member pursuant to the Code. In regard to the Company's investment in 1060 Second Street,New Suffolk,New York-11956, including, but not limited to, the purchase, renovation, rental and sale of said real property, it is agreed by the Members as follows: (a) That Marino and Telsey shall contribute capital to be used for the formation of the Company, the purchase of the real property including necessary closing costs, the cost of plans and permits associated with the renovation of the real property, the,cost of material required for said renovation, the cost of any and all out-sourced labor (not performed by Harken Construction) and the necessary costs associated with ownership of the real property (i.e.,real estate taxes,insurance,utilities,etc.); (b) That Kitz shall contribute capital to be used for, or that represent, the cost of all construction/renovation labor to be performed at the real property by Kitz's company, Harken Construction, at the rate of the cost for same as may be paid by Kitz's company, Harken Construction. He shall keep a log detailing the time and value of such construction/renovation labor. . Any and all labor,performed by Kitz and/or Kitz's company, Harken Construction, for construction/renovation at the real property for which payment or reimbursement is made by Marino and Telsey or the Company shall not count as a capital contribution by Kitz to the Company. (c) That all rental income generated at the real property shall be reinvested in the Company for use in covering the carrying costs of the real property; (d) That, upon the sale of the real property, Capital Contributions as detailed herein shall be reimbursed on a pro-rata basis. Thereafter, all income(capital gains)shall be divided evenly between Marino and Telsey (receiving one-half) and Kitz (receiving one-half); and; (e) That it is generally agreed that a budget for the total improvement cost (including furnishings, if applicable) shall,be agreed to in advance by the Members and that the real property shall be listed for sale within one year of it's purchase. 6.2 Transfers. Upon a permitted sale or other transfer of a Membership Interest in._=tL3elEo Company, the Capital Account of the Member transferring his, her or its Membership Interests shall become the Capital Account of the Person to which o° who X14 2019 Membership Interest is sold or transferred in accordance with Section 1.704-l;; (iv) of the Treasury Regulations. Zoning Board Of Appeals 6.3 Modifications. The manner in which Capital Accounts are to be maintained pursuant to this'Section is intended to comply with the requirements of Section 704(b) of the Code. If in the opinion of the Members the manner in which Capital Accounts are -to be maintained pursuant to this Agreement should be modified to comply with Section 704(b) of the Code, then the method in which Capital Accounts are maintained shall be so modified; provided, however, that any change in the manner of maintaining Capital Accounts shall not materially alter the economic agreement between or among the Members. 6.4 _Deficit Capital Account. Except as otherwise required in the New York Act or this Agreement, no Member shall have any liability to restore all or any portion of a deficit balance in a Capital Account. 6.5 Withdrawal or Reduction of Capital Contributions. Members shall not receive from the Company any portion of a Capital Contribution until all indebtedness, liabilities of the Company, except any indebtedness, liabilities and obligations to Members on account of their Capital Contributions, have been paid or there remains property of the Company, in the sole discretion of the Members, sufficient to pay them. A Member, irrespective of the nature of the Capital Contribution of such Member, has only the right to demand and receive cash in return for such Capital Contribution. ARTICLE VII Allocations and Distributions 7.1 Allocations of Profits and Losses. The Net Profits and the Net Losses for each Fiscal Year shall be allocated to each Member in accordance with the ratio of the value of his, her or its Capital Account to the value of all Capital Accounts in the aggregate, except as otherwise provided herein. 7.2 Distributions. The Managing Member(s) may from time to time, in the discretion of the Managing Member(s), make Distributions to the Members. All Distributions shall be made to the Members pro rata in proportion to their Membership Interests as of the record date set for such Distribution. 7.3 Offset. The Company may offset all amounts owing to the Company by a Member against any Distribution to be made to such Member. r� Y 7.4 Limitation Upon Distributions No Distribution shall be declared dan paid 6ff,69. t after such Distribution is made, the assets of the Company are in excess of all liabilities of the Company. DEC 0 4 2019 7.5 Interest_on and Return of Capital Contributions No Member shall be entitled to interest on his, her or its Capital Contribution or to a return of his, heJ�oints�._ plitiaLf Appeals Contribution, except as specifically set forth in this Agreement. 7.6 A_ ccountin Period. The accounting period of the Company shall be the Fiscal Year. 7.7 Allocations To Reflect Contributed Property and Capital Account Revaluations In accordance with Section 704(c) of the Code and the ReguIations thereunder, taxable income, gain,loss and deduction with respect to any property contributed to the capital of the Company shall, solely for Federal income tax purposes, be allocated among the Members so as to take into account any variation between the adjusted basis of such property for Federal income tax purposes and its fair market value, as recorded on the books of the Company. As provided in Section 1.704-1(b)(2)(iv)(f)of the Regulations, in the event that the Capital Accounts of the Members are adjusted to reflect the revaluation of Company property on the Company's books, then subsequent allocations of taxable income, gain, loss and deduction with respect to such property shall take into account any variation between the adjusted basis of such property for Federal income tax purposes and its adjusted fair market value, as recorded on the Company's books. Allocations under this paragraph shall be made in accordance with Section 1.704-1(b)(4)(i) of the Regulations and, consequently, shall not be reflected in the Members' Capital Accounts. 7.8 Varying Partnership Interests During Fiscal Year. In the event there is a change in any Member's Interest in the Company during a fiscal year (e.g., as a result of a valid transfer of all or part of a Member's interest pursuant to Section 17, below), net profits and net losses shall be appropriately allocated among the Members to take into account the varying interests of the Members so as to comply with Section 706(d)of the Code. 7.9 Regulatory Allocations. Notwithstanding any other provision in this Section 7 to the contrary, in order to comply with the rules set forth in the Regulations for (i) allocations of income, gain, loss and deductions attributable to non recourse liabilities, and (ii) partnership allocations where partners are not liable to restore deficit capital accounts,the following rules shall apply: (1) "Partner non recourse deductions" as described and defined in Section 1.704-2(i)(1) and (2) of the Regulation attributable to a particular "partner non recourse liability" (as defined in Section 1,704-2(b)(4); e.g., a Company liability which one or more Members have guaranteed) shall be allocated among the Members in the ratio in which the Members bear the economic risk of loss with respect to such liability; (2) Items of Company gross income and gain shall be allocated among the Members to the extent necessaryto comply with the minimum gain chargeback rules for non recourse liabilities set forth in Sections 1,704-2(f) and 1.704-2(i)(4) of the Regulations;and (3) Items of Company gross income and gain shall be allocated ainongtlhe vEo Members to the extent necessary to comply with the qualified income offset provisions set forth in Section 1.704-1(b)(2)(ii)(d) of the Regulations, relating to unexpected capital account balances (after taking into account (i) all capital accoun�adjus men 2019 prescribed in Section 1.704-1(b)(2)(ii)(d) of the Regulations and (ii) each Member's share, if any, of the Company's partnership minimum gain and partner nonrreccbnr of Appeals minimum gain as provided in Sections 1.704-2(g)(1) and 1.704-2(x(5) of the Regulations. The Members may agree, by unanimous written consent, to make any election permitted by the Regulations under Section 704 of the Code that may reduce or eliminate any Regulatory Allocation that would otherwise be required. 7.10 Tax Conformity. The determination of each Member's share of each item of income, gain, loss, deduction or credit of the Company for any period or fiscal year shall, for purposes of Sections 702 and 704 of the Code, be made in accordance with the allocations set forth in this Section 7. ARTICLE VIII Taxes 8.1 Tax Returns. The Managing Member(s) shall cause to be prepared and filed all necessary federal and state income tax returns for the Company. Each Member shall fiunish to the Managing Member(s) all pertinent information in his, her or its possession I relating to Company operations that is necessary to enable the Company's income tax returns to be prepared and filed. 8.2 Tax Elections. The Company shall make the following elections on the appropriate tax returns: (a) To adopt the calendar year as the Fiscal Year; (b) To adopt the cash method of accounting and keep the Company's books and records on the income tax method; (c) If a Distribution as described in Section 734 of the Code occurs or if a transfer of a Membership Interest described in Section 743 of the Code occurs, upon the written request of any Member, to elect to adjust the basis of the property of the Company pursuant to Section 754 of the Code; (d) To elect to amortize the organizational expenses of the Company and the start-up expenditures of the Company under Section 195 of the Code ratably over a period of sixty months as permitted by Section 709(b)of the Code;and (e) Any other election that the Managing Member(s) may deem appropriate and in the best interests of the Members. Neither the Company nor any Member may make an election for the Company to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar provisions of applicable state law, and no provisions of this Agreement shall be interpreted to authorize any such election. ARTICLE IX RECEIVED Transferabitity char99.1 General. No Member shall give, sell assign, pledge, hypothecate, exchange o otherwise transfer to another Person any portion of a Membership Interest, except as set forth in this Agreement. Zoning Board Of Appeals 9.2 Offer to Acquire. If a Member desires to sell a Membership Interest to another. Person, such Member shall obtain from such Person a bona fide written offer to purchase such Membership Interest,stating the terms and conditions upon which the purchase is to be made. Such Member shall give written notification to the other Members of his,her or its intention to sell such Membership Interest and a copy of such bona fide written offer. 9.3 Right of First Refusal. Each Member other than the Selling Member, on a basis pro rata to the Membership Interests of each Member exercising his, her or its right of first refusal,,shall have the right to exercise a right of first refusal to purchase all (but not less than all) of the Membership Interest proposed to be sold by the Selling Member upon the same terms and conditions as stated in the bona fide written offer by giving written notification.to the Selling Member of his, her or its intention to do so within thirty days after receiving written notice from the Selling Member. The failure of any Member to so notify the Selling Member of a desire to exercise such right of first refusal within such thirty-day period shall result in the termination of such right of first refusal and the Selling Member shall be entitled to consummate the sale of his, her or its Membership Interest with respect to which such-right of first refusal has not been exercised to the Person offering to do so pursuant to the bona fide written offer. If the selling Member does not sell his,her or its Membership Interest within thirty days after receiving the right to do so, his, her or its right to do so terminates and the terms and conditions of this Section shall again be in effect. 9.4 Closing. If any Member gives written notice to the Selling Member of his, her or its desire to exercise such right of first refusal and to purchase all of the Selling Member's Interest upon the same terms and conditions as are stated in the written offer, such Member shall have the right to designate the time, date and place of closing within ninety days after receipt of written notification from the Selling Member of the bona fide offer. 9.5 Transferee Not a Member. No Person, other than a Member, acquiring a Membership Interest by purchase, gift, or otherwise, shall become a Member unless such Person is approved by the vote or written consent of a majority of all Membership Interests. If no such approval is obtained, such Person's Membership Interest shall only entitle such Person to receive the distributions and allocations of profits and losses to which the Member from whom or which such Person received such Membership Interest would be entitled. Any such approval may be subject to any terms and conditions imposed by the Members. j 9.6 Effective Date. Any sale of a Membership Interest or admission of a Member pursuant to this Article shall be deemed effective as of the'last day of the calendar mozrthEa in which such sale or admission occurs. ARTICLE X DEC 0 4 2019 Dissolution ' Zoning Board Of Appeals 10.1 Dissolution, The Company shall be dissolved and its affairs shall be wound up upon the first to occur of the following: (a) The latest date on which the Company is to dissolve,if any, as set forth in the Articles of Organization; (b) The vote or written consent of at least two-thirds in interest of all Members; or (c) The bankruptcy,death, dissolution, expulsion, incapacity or withdrawal of any Member or the occurrence of any other event that terminates the continued membership of any Member, unless within one hundred eighty days after such event,the Company is continued by the vote or written consent of a majority in interest of all of the remaining Members. 10.2 Winding Up. Upon the dissolution of the Company the Members may, in the name of and for and on behalf of the Company,prosecute and defend suits,whether civil, criminal or administrative, sell and close the Company's business, dispose of and convey { the Company's property, discharge the Company's liabilities and distribute to the Members any remaining assets of the Company, all without affecting the liability of Members. Upon winding up of the Company,the assets shall be distributed as follows: (a) To creditors, including any Member who is a creditor, to the extent permitted by law, in satisfaction of liabilities of the Company,whether by payment or by establishment of adequate reserves, other than liabilities for Distributions to Members under Section 507 or Section 509 of the New York Act; (b) To Members and former Members in satisfaction of liabilities for Distributions under Section 507 or Section 509 of the New York Act; (c) To Members first for the return of their Capital Contributions, to the extent not previously returned, and second respecting their Membership Interests, in the proportions in which the Members share in Distributions in accordance with this Agreement. 10.3 Articles of Dissolution. Within ninety days following the dissolution and the commencement of winding up of the Company, or at any other time there are no Members, articles of dissolution shall be filed,with the New York Secretary of State pursuant to the New York Act. 10.4 Deficit Capital Account. Upon a liquidation of the Company within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury Regulations, if any Member has a Deficit Capital Account (after giving effect to all contributions, distributions, allocations and other adjustments for all Fiscal Years, including the Fiscal Year in which such liquidation occurs), the Member shall have no obligation to make any Capital Contribution-and-tlre negative balance of any Capital Account shall not be considered a debt owed by-&eED Member to the Company or to any other Person for any purpose. 1, 1 DEC 0 4 2099 10.5 Non recourse to Other Members. Except as provided by applicable law or as expressly provided in ihis Agreement, upon dissolution, each Member shalll,�eceNeda,)f Appeals return of his,her or its Capital Contribution solely from the assets of the Company:---I-f le- assets of the Company remaining after the payment or discharge of the debts and liabilities of the Company is insufficient to return any Capital Contribution of any Member, such Member shall have no recourse against any other Member. 10.6 Termination. Upon completion of the dissolution, winding up, liquidation, and distribution of the assets of the Company, the Company shall be deemed terminated. ARTICLE XI General Provisions 11.1 Notices. Any notice, demand or other communication required or permitted to be given pursuant to this Agreement shall have been sufficiently given for all purposes if(a) delivered personally to the party or to an executive officer of the party to whom such notice, demand or other communication is directed or (b) sent by registered or certified mail, postage prepaid, addressed to the Member or the Company at his,her or its address I set forth in this Agreement. Except as otherwise provided in this Agreement, any such notice shall be deemed to be given three business days after the date on which it was deposited in a regularly maintained receptacle for the deposit of United States mail, addressed and sent as set forth in this Section. 11.2 Amendments. This Agreement contains the entire agreement among the Members with respect to the subject matter of this Agreement, and supersedes each course of conduct previously pursued or acquiesced in, and each oral agreement and representation previously made, by the Members with respect thereto, whether or not relied or acted upon. No course of performance or other conduct subsequently pursued or acquiesced in, and nod oral agreement or representation subsequently made, by the Members, whether or not relied or acted upon, and no usage of trade, whether or not relied or acted upon, shall amend this Agreement or impair or otherwise affect any Member's obligations pursuant to this Agreement or any rights and remedies of a Member pursuant to this Agreement. No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each provision of this Agreement being amended. 11.3 Construction. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. 1311 11.4 Headings. The headings in this Agreement are for convenience only and shall n of be used to interpret or construe any provision of this Agreement. r RECEIVED 11.5 Waiver. No failure of a Member oexercise, t and no delay by�Mern��r � 2119 exercising, any right or remedy under this Agreement shall constitute a a ver 0 such right or remedy. No waiver by a Member of any such right or remedy_ under this k Agreement shall be effective unless made in a writing duly executed by all ftl9dr��d Of Appeals specifically referring to each such right or remedy being waived. 11.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement shall be prohibited by or invalid under such law, it shall be deemed modified to confirm to the minimum requirements of such law or, if for any reason it is not deemed so modified,it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid. 11.7 Binding, This Agreement shall be binding upon and inure to the benefit of all Members, and each of the successors and assignees of the Members, except that right or obligation of a Member under this Agreement may not be assigned by such Member to another Person without first obtaining the written consent of all other Members. 11.8 Waiver of Independent Counsel. Each Member and party to this Agreement i acknowledges that he, she or it expressly waived the opportunity to employ separate and independent counsel of the Member's own choosing in connection with this Agreement. Each Member understands that this Agreement was prepared by JOHN P. TAGGART, ESQ., as attorney for Solution East, LLC, and that all terms and provisions of this Agreement shall be fully enforceable, notwithstanding a Member's decision not to' employ separate and independent counsel. 11.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 11.10 Governing Law. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. IN WITNESS WHEREOF, the individuals and entities signing this Agreement below conclusively evidence their agreement to the terms and conditions of this Agreement by so signing this Bement. Charles Kitz Bernard Telsey Anne Marino 11.4 Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe any provision of this Agreement. f2ECEIVEQ 11.5 Waiver. No failure of a Member to exercise, and no delay by a Memb t 2019 exercising, any right or remedy under this Agreement shall constitute a wai:+er oftd"h right or remedy. No waiver by a Member of any such right or remedy under, this Agreement shall be effective unless made in a writing duly executed by all Mems b0rSgM (Lrd Of Appeals specifically referring to each such right or remedy being waived. 11.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and,valid under applicable law. However, if any provision of this Agreement shall be prohibited by or invalid under such law, it shall be deemed modified to confirm to the minimum requirements of such law or, if for any reason it is not deemed so modified,it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid. 11.7 Bines This Agreement shall be binding upon and inure to the benefit of all Members, and each of the successors and assignees of the Members, except that right or obligation of a Member under this Agreement may not be assigned by such Member to another Person without first obtaining the written consent of all other Members. 11.8 Waiver of Independent Counsel. Each Member and party to this Agreement t acknowledges that he, she or it expressly waived the opportunity to employ separate and independent counsel of the Member's own choosing in connection with this Agreement. Each Member understands that this Agreement was prepared by JOHN P. TAGGART, ESQ., as attorney for Solution East, LLC, and that all terms and provisions of this Agreement shall be fully enforceable, notwithstanding a Member's decision not to employ separate and independent counsel. 11.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 11.10 Governing Law. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. IN WITNESS WHEREOF, the individuals and entities signing this Agreement below conclusively evidence their agreement to the terms and conditions of this Agreement by so signing this agreement. Charles Kitt ZIX a Tel , Anne Marino Town of Southold q LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS NOV 2 5 2019 1. All applicants for permits* including Town of Southold agenci s shall om�lete this C AF for ��o1 r proposed actions that are subject to the Town of Southold Water&�nt-C-enisis�en 6w;-,]-z . This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION ( t- SCTM# The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. Ff Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval,license,certification: Nature and extent of action: 0 J 1 Location of action: le 4-) Site acreage: o9- 110 V , 5 2-0, Present land use: Zoning Board Of Appeals Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: [ !{� � -C (b) Mailing address: IA/, LIWs�YUI.Q�" Af Y. (c) Telephone number: Area Code( 58- V:7 7 7 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No Er If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Ns ❑ No ❑ Not Applicable D GP l!J r Attach additional sheetf if ne essary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 11 Yes ❑ No I I Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria --• RECEIVED Q Yes 0 No Not Applicable NOV 's Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 11 Yes 11No u Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes 0 No u Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes © No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. RECEIVED ❑ Yes ❑ No�ot Applicable NOV 2 5 2019 Zoning Board Of Appeals Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeLl No 1 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations;Not L Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes E] No Applicable Attach additional sheets if necessary Zoning Board Of Appears Policy 11. Promote sustainable use of living marine resources in L-ong"Psiand oun , the Peconic Estuary and Townwaters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 11 Yes El No I I Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 forevaluation criteria. 11 Yes ElNou Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P es 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 5125105 11:20 AM 6---RRECEIVED Board of Zoning Appeals ApplicaJon NOV 2 2'019 AUTHORIZATION zoning Board of r.are�-ls (Where the Applicant is not the Owner) I h on'__! S CSL C residing at `T l O VV n't (Print property owner's name)) (Mailing Address) NY ) y 03 b do hereby authorize Fo, [)(( Ct C�, (� (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) r C� RECENED F-- Board of Zoning Appeals Application NOV AUTHORIZATION Zoning Board Of Appeals (Where the Applicant is not the Owner) residing at Z U7 (Print property owner's name) (Mailing Address) U U 3 do hereby authorize / eeC a. (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Owner's Si na e) C14sA4 �cfz ( rint Owner's Name) PEENED AGENT/REPRESENTATIVE NOV u 2019 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers7and,employees.(The,t)ur_pose of this form is to provide information which can alert the town of possible conflicts of interest a�nd-allow-it-to-take-wh�tever action is necessary to avoid same. /� YOUR NAME -. _ (Last name,first name,middle initial,unless you are appiymg in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest. "Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this O'19_---d iy o IVW ,20 G / Signature Print Name AtikCt_A �G`n FORM NO. 4 151q RECEIVED TOWN OF SOUTHOLD N O V 2 52019 BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N, Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No. $ . , �3. . , . Date .. . . . . .. . . . ..... .veyt.. . .., THIS CERTIFIES that the building located at .13-rOW1A .V=A A APY-T), , , Street Map No. .#=.. . . .. . Block No. X=t .... .. .Lot ATo.3= .0Xdi at. . A*3LA .. ._ .. . . . .. . • conforms substantially to the Application for Building Permit heretofore filed in this office dated .. . .. .. .. . . Cat .. . 23. . ., 19,(A pursuant to which Building Permit No. . 3267.A dated . ... .. .. . . , . 04t.. , .13. ., 19.66, was issued, and conforms to all of the require- ments of the applicable provisions of the law, The occupancy for which this certificate is issued is .Pr1V&t4?• *no. • azdly•dvallU4. .. . . . . . . . . . . . . .. .. . .... .. ... . . . .... . .. . The certificate is issued to . pgt;er. .Df rj9tins•&•W;Lf&. .. . .4)wwrl1• , .. . . . ... , . . . . (owner, lessee or tenant) of the aforesaid building. Suff olk County Department of Health Approv al . . .A,pr.12. . .26 . .2,967. .by.R w .T"l& . . . :\. . . .. .. . .. . . . . . . Building Inspector _ti _ • I I FORM NO. 4 OF S H TORN OUT OLD BUMDIIN'G DEPARTMENT RECEIVED Town Clerk's Office Southold, N. Y. NOV 2 L�e9 Zoning Board Of Appeals Certificate Of Occupancy No. Z. M1 I. . . . Date December. 19 69 THIS CERTIFIES that the building located at North View. Drive (PVT) Street Map No.Br•.9418 Block No. . Lot No. XZPM Orient N.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated plow 26 , 19,69 pursuant to which Building Permit No. )+568Z dated NPS' . . 26 , 19 69 , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private s►ccessory .bjx .ldinjg . . . . . . . The certificate is issued to 1'• DtCrotl=. . . . . . OviaQr . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Building Inspector House 1055 Wk FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOV 2 5 2019 Office of the Building Inspector Town Hall Southold, N.Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No Z-23183 Date_ AUGUST 25, 1994 THIS CERTIFIES that the building ADDITION Location of Property 1055 NORTHVIEW DRIVE ORIENT, NY House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 3 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEP2WWER 10, 1993 pursuant to which Building Permit No. 21672-^Z dated SEPTEMBER 22, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AN ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to STANLEY & EVA RUBIN (owner's) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N323285 AUGUST 14, 1994 PLUMBERS CERTIFICATION DATED N/A Building Inspect Rev. 1/81 r —�A DECEIVED TOWN OF SOUTHOLD, NEW YORK DATE H I9 8 O ACTION OF THE ZONING BOARD OF APPEALS N O v Appeal No. 2722 Dated July 23, 198"Qoning Board Of Appeals _ — ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOTJTHOLD To Mrs. Marian DiCristina Hendrickson Appellant Mr. Robert W. Gillispie, III -as agent at a meeting of the Zoning Board of Appeals on August 14, 1980, the appeal was considered and the action indicated below was taken on your (g) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. X Xy resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .. Section . Subsection paragraph .................. ................... .................... .........I.......... of the Zoning Ordinance and the decision of the Building-Inspector ( ) be reversed ( ) be confirmed because Application of Marian DiCristina Hendrickson, by Robert W. Gillispie, III, as agent, North Smith Drive, Southold, New York, fora Variance to New York Town Law, Section 280-A for approval of access. Location of property: South side of North View Drive, Orient, ,New York; bounded north by North View Drive, east by DeMaria, south by DeMaria, west by Tuthill; County Tax Map Item NO: 1000-13-3--1. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) '(would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SBE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) "be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4, o-t, el 1f 1) After investigation and personal inspection, the Board-- finds that applicant is requesting approval of acce6s to gECEI ED parcel of land which has preexisted zoning and located at the south side of North View Drive, Orient, New Yorv 52019 inspection of the road .and the premises, the• Board foun� the road to be improved satisfactorily up to approximately 200 feet east of the subject parcel. It is the con�Q"ujiBoard Of Appeals of the Board that the access road should be improve least as far as the westerly driveway of the subject parcel. The Board finds the circumstances present in this case unique, and strict application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Marian DiCristina Hendrickson, be granted approval of access, New York Town Law• Section 280-A, in Appeal No. 2722, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the access road shall have a width of not less than 15 feet; and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; (2) That the. access road shall be improved in either of the following methods,: (a) Such access road shall be surfaced with a minimum depth of 4 inches of packed 3/4 inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the .application of packed blend to a depth of 4 inches; OR (b) Such access road shall have top soil removed to a depth of 8 inches and then filled with 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4-inch stone blend, or in the alternative oiled with a minimum of 4/10ths of a gallon of road oil per square yard. Location of property: South side of North View Drive, Orient, NY; bounded north by North View Drive, east by DeMaria, south by DeMaria, west by Tuthill; County Tax Map Item No. 1000-13-3-1.. Vote 'of the Board: Ayes: , Messrs. Grigonis, Doyen, Tuthill, and Goehringer. Abstain: Mr. Douglass. APPROVED RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK cmimpn of DATE HOUR//o/h'•X TIn C1er T l _ k, own of Southold • .r �IL "4b- t, Is LO .. ..,.�,, ' . ,, � ,�.* � . ,�.gip. Ait, � t' ?► . ;;+ F, �+.�ii .�► I�� , t�Tv,. . - '�" '�''M1►y! Int` ' ,•.r! I W�. y, .: .►' r. vwn r 41 IPA L F r SII ^�f .. . • � •r��:���.�r • 1 1I N � r a E as e. 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Y _ Solutions East aim• ;,� �� SCTM: 1000-13-3-1 Drive .. .- ' h Dr _ 1055 Nort Orient,NY 1195 %tvFOLf TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE SOUTHOLD, NY NOV 2 5 '2919 ',{ten•„ BUILDING PERMIT Zoning Board Of Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET-OF APPROVED PLANS-AND SPECIFICATIONS. UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43029 Date: 9/11/2018 Permission is hereby granted to:- Solution East LLC 440 44th St -- ----- -- -- -- ----- — New York,NY 10036- To: construct interior alterations (interior demolition)to existing single-family dwelling as applied for. Additional permitslapprovals will be required. At premises located at: 1055 N View Dr, Orient- SCTM#473889 SeelBlock/Lot '3:3-1 - Pursuant to application dated 8/30/2018 and approved by the Building Inspector. To expire on -=3112/2020.__ Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $200-00 CO-ALTERATION TO DWELLING $50.00 Total: $250.00 F -----�- - BuiiA- _ - -ctor - - --- CY) HOLD OPERTY RECORD CARD TOWN OF ' SOT �, • ,� NEIL , STREET VILLAGE • DISTRICT SUB. LOT hR i FO ER OWNER N E ACREAGE S • W TYPE OFrBUILDING. J aNt ,�. !en'scAf- r Ho KGUGY ES. SEAS. VL, FARM COMM. 1 IND. I CB, I MISC. Est. Mkt. Value d w !-;�ND IMP, TOTAL DATE REMARKS o, _ _ kg y3 Ld /� 7� -!. .7 �fd Sl9L[: 1600. . �ENDRICf�SoN �c s' IH V 111f r 5/,(7- _ U) J ' J - � O I l �� U-'a �� O / s r C. Ju e G 4000 C7 (f) Mom � �(0`� 1213 Q3 �� -Z (e � J 0/1 1100 5 0o cc,t '3fl � � xt e o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE F NT G ON W E _ TOm�s =40Oc Farm Acre Value Per Acre Value FRONTAGE ON RoA6 7 m fillabke 1 / BULKHEA _ lao1"!ab + t5- L "illable 2 % UTH LD DOCK — ry _ L -illable- 3 . �e PT" �(S 2 90 T LO swampland Ia J+d -.BPS'- 3300 ��� c.v ' LO m Irushlnd nO 19'- A - ,I m • C', iouse Plot N N a--I a--I otal C) . " . cri - .• a; o=r1 I W i o_ ' `Tom- i ' Cn 1 6I I LO Cn CO 11-34 6/11 --- —- o ; o lI j I M l A. Bldg. ' a5/XZ ndatoon Bath DC= I-xtension 2 7d 2/ _ �– I 7c .5-0 a ( �' .Basement,00 ; Floors Lo =xtensio ' 12 X 1(, z 4,50 04' I Ext. Walls 14 1" Interior Finish Ln �, :xtensioh4 o�rax� 21C Z a_ o l�$ 2 I ® Fire Place r I Hear - /�`w_8 ; - 'M I Z 3 - _ --f" _ -- - D�xv f;Q \m � I -zKo ��°�`� i ? `– Porch j Roof TypeLO Porch' rn : Roos ist Ffoorspar 090C) i r` pogo l TRooms 2nd Floor d ;reezeway ;Qrage ' Driveway Dormer m _ N � I � N N i t 1 �D to, - ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: December 3, 2019 ZBA # NAME OF APPLICANT CHECK # AMOUN 7379 Solutions East, LLC 1339 $500.0 DEC - 5 2019 Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. SOLIJTION'EA$T LLC- -2%210 DATEPAY TO THE .ORDER-OF s %QOLaR _ tHASEwj. pMprrgan'Char Bank;N.A. www.Chase.com% l_ FOR •- , ELIZABETH A.NEVILLE,MMC G� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Cie Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 ® Fax(631)765-6145 MARRIAGE OFFICER � ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( �ea www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 5, 2019 RE: Zoning Appeal No. 7379 Transmitted herewith is Zoning Appeals No. 7379 for Solution East, LLC: The Application to the Southold Town Zoning Board of Appeals � _Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LVW Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) ./Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- vn of Southold H O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/05/19 Receipt#: 261445 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7379 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1339 $500.00 Solution East, LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Solution East, LLC 440 W 44th St New York, NY 10036 Clerk ID: JENNIFER Internal ID 7379 G PATRICIA C. M®®RE Attorney at Law Main Road 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins, Paralegal Julia Spanburgh Julia Schade Kim E. Fuentes, Board Assistant RECEIVED Zoning Board of Appeals Town of Southold PO Box 1179 AUG 2 5 2020 Southold NY 11971 Zoning Board of Appeals RE: SOLUTIONS EAST Dear Kim: Enclosed please find two sets of the revised plans. Please date stamp this letter when received and email back to me for my file. Thank you. Ve trul you P tricia C Moore y Betsy Perkins LA c by encls. BROWN'S BILLS ESTATES, Inc. e-- pYJI Important Reminders for Residents From time to time it is helpful to review a few items that enhance our community. 1. It has been a long standing agreement and practice for Brown's Hills property owners to inform all our neighbors when they wish to sell their property to give the right of first refusal. Please inform the Board, and then the membership, of your intention and asking price 30 days in advance of listing the propertv. 2. New property owners should announce the purchase of property to the Board in order for a welcome kit to be given to the new owners. 3. Please keep your roadside property clear. The fire truck nee 15'clearance. 4. Help maintain a clean beach. RECEIVE0 5. Please pay your dues on time. MAR 5 2020 6. Keep your garbage secure from animals. L,Zlning �Oarrt ofAOO 3L. 7. Observe the 15 mph driving speed. When turning into Brown's Hills Road, turn wide to avoid hitting a car coming out. Please inform your visitors, vendors and tradespeople. 8. Monitor your pets - so they do not run loose. 9. Inform renters of all policies (noise levels, etc.) 10. During the week please adhere to no noise i.e., loud power tools, lawnmowers, leaf blowers, pool filters etc. between 7:00 pm and 8:00 am. During the weekends and holidays restrict loud power tools, etc. from 7pm to 9 am. Homes with outdoor music systems, please be aware of the volume. Some people can hear multiple sound systems which doesn't give the quiet many residents are looking for. 11. No construction that will impair quiet enjoyment and no large trucks with construction equipment on weekends and holidays. 12. Do not clear any trees, shrubs, privet, etc. considered to be Brown's Hills property - unless approved by the board. Also be aware that cutting brush on the bluff is illegal and could be subject to a fine by the DEC. 13. If you have no water: a. Check to see if your neighbor also has no water. b. Call SCWA 631-288-1034 (after hours - 631-665-0663). Have your account number on your bill when you call. c. Make an appointment once a year to have your kitchen reverse osomsis filter changed. Call GNS Mermaid at 631-298-4278. Fuentes, Kim From: Jesse Gordon <jesse@gordonpetkos.com> Sent: Monday, June 29, 2020 11:15 AM To: Fuentes, Kikarellos, Elizabeth Subject: 1055 Northview Drive, Orient NY SUM 100-13-3-1 Dear ZBA Board Members, I am in receipt of a Town of Southold Zoning Board of Appeals Notice of Hearing for the above referenced premises dated June 25, 2020. Said notice was provided via certified letter from applicant's counsel, Patricia Moore dated June 25, 2020. In her letter, Ms. Moore states that"The public will have access to hear and see the meeting via the weblink in the legal notice, but all comments must be submitted via email or by USPS to the ZBA office prior to the date of the public hearing." A copy of the letter is attached hereto. This information is contrary to the language of the ZBA NOTICE which states that"The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing." Furthermore, please be advised that the survey appended to the application contains multiple errors and omissions. Ownership of the adjacent lots on the survey are all incorrect/conflated and there is no reference whatsoever to the property directly across the street from the subject premises (1150 Northview Drive). I have been advised that several adjacent land owners have relied upon the statement in Ms. Moore's letter and now have conflicting plans that will preclude them from attending the Hearing. Inasmuch as those individuals provided Notice pursuant to Ms. Moore's letter have been misinformed by the applicant, I am respectfully requesting that the the Hearing on this matter be adjourned so that accurate statutory notice can be provided to the adjacent land owners. Thank you in advance for your attention to this matter. I can be reached at the number below-or on my cell phone at 917.862.8088. Regards, Jesse Gordon Jesse Gordon Gordon & Petkos LLP 1790 Broadway Suite 710 New York, NY 10019 Telephone- (212) 765-8600 Facsimile. (212) 765-7887 � w •A �F. A � `�. ��j�j y�I¢+'' A�/' � Y• 1# iRvy,,.��, �F A !y y', �. 57 AR eS oat- Ji .fin.. 1' k � .�-� .. ,i_. .- ,_ �- .... _� � '� � �. , . �♦ '~• _ � ,� .. a _y'^/��//�� /'rJe AAA V-0 MAR o Zoning Board 6f AppeBiR WN'S HILLS ESTATES, INC. By—Laws of CORPORATION ADOPTED BY UNANIMOUS APPROVAL BY THE BOARD OF DIRECTORS ON DECEMBER 4TH, 1955 (Including additions to the by-laws as of September 7, 1956 and as amended at the annual meeting of the membership on August 5, 1961, August 4, 1962 July 25, 1964, July 29, 1972 July 31 1976, July 23, 1977 and July 16, 1983 R�G�1V�D ARTICLE I �d®� -tot Miscellaneous Miscellaneous ©onc� 1. The provisions of the certificate of in oration of Brown' s Hills Estates, Inc. are made a part hereof by reference . i 2. The office of the corporation shall be the residence of the president in Brown' s Hills Estates. 3. The number of directors shall be seven. 4. The officers of the corporation shall be a president, a vice-president, a secretary and a treasurer. The president shall be a member of the Board of Directors. The duties and powers of the officers shall be those usually incident to the respective office in addition to such as may be granted or' imposed by the Board of Directors. The president or treasurer shall be allowed to sign checks individually in case of an emergency. (as amended 7/16/83) 5. The president and the other six members of the Board of Directors shall be elected at the annual meeting of the membership on,- or about, the last week of July and officers other than the president shall be appointed by the Board of Directors at their annual meeting which shall follow immediately after the annual membership meeting. Terms of officers and directors shall be for one year following election or appointment or until successors are elected or appointed. (as amended 8/5/61 and 7/29/72) -1- ARTICLE II Membership 1. Membership in the corporation shall be acquired only by ownership of property at Brown's Hills Estates at Orient, New York. All property owners therein shall automatically become members of the corporation and be subject to its rules, regulations and discipline. (as amended 7/31/76) (Restrictions as to use of property are outlined in the "Covenant of Restrictions" executed July 31, 1982) ARTICLE III Meetings 1. In addition to the annual meeting held on or about the last week in July, special meetings of the membership may be called by the Board of Directors at any time and must be called by the president within 30 days from the time of the filing with him or with the secretary of a written demand therefor signed by the owners or representatives of the owners of one-third of the voting membership. 2. Notice of all meetings shall be given by the secretary either personally or by regular mail addressed to Orient, N.Y. or such other address as may be recorded on the books of the corporation for such purpose to any one of the one or more owners of any tract or tracts in the development, not less than 7 days before the date of meeting. The notice shall specify the place where and the time of the meeting and no meeting shall be held at any place other than Orient except by the vote of two- thirxisof the voting membership. -- 3'. Meetings of the Board of Directors shall be held on the call of the president or any two directors. These meetings may be held on waiver of notice providing all members are pre- sent, or on personal or written notice given at least three days before she meeting. -2- ARTICLE IV Board of Directors --�. 1. The management of the corporation shall be vested in the Board of Directors whose policies and orders shall be carried out by the proper officers. 2. The Board shall have the power to make reasonable rules and regulations governing the use, upkeep and main- tenance of the property of the corporation, including travel on the roads and activities on the beach and other common lands. With the consent of a majority of the voting member- ship at any meeting it may provide for fines and assessments for the violation by members of any of the rules and regulations. 3. Except for such amounts as are necessarily expended for normal operating costs and expenses, and insurance , the general funds of the corporation shall be used only to enhance the beauty, utility and value of the real and marine property of the corporation and to make it safe. Authority to borrow money for the corporation or in its name must have the specific appro- val of a majority of the voting members present and voting at a regularly called meeting of the membership. 4. Collection of assessments A. Levy shall be made on a yearly basis coincident with the fiscal year of the corporation or specifically on August 1st. Each member of the corporation shall be assessed an equal amount, except for members without houses who will pay 6% of the regular assessment. The 651 is predicated on the percentage of dues paid for road, insurance , beach access, taxes and all other miscella- neous expenses except water expenses. The actual amount for each fiscal year to be determined at each annual meeting. (as amended 7/16/83) B. Additional expenditures for emergencies or abnormal conditions may be set by the Board of Directors at their discretion through their power to borrow or make loans. -3- C . In case of change of ownership prorata apportion- ment of assessments will -be on a monthly basis starting on the first day of the month following the delivery of the deed. D. Assessments will be due and payable on a semi- annual basis minimum. E. Fiscal year of the corporation is considered to be the period from August 1st of any one year to July 31st of the following year. (Including additions to By-Laws 9/7/56 and as amended 8/4/62, 7/31/76 and 7/23/77) 5. The Board of Directors is empowered to cause an -audit of the books and records of the officers annually. (as amended 7/31/82) ARTICLE V Quorum; Amendments 1. In decisions requiring a vote there shall be one vote per assessed property. ( as amended 7/16/83) 2. Two-thirds of the total voting membership shall be necessary to constitute a quorum for any regular membership meeting. A majority of the members whall constitute a quorum for the Board of Directors. Any member unable to attend a membership meeting may by written designation delegate his proxy vote to another member of the Association and such 'representation by proxy' shall be recognized and counted in the constitution of a quorum for that meeting. 3. These by-laws may be amended by a two-thirds vote at any membership meeting. Notice of the substance of any proposed change shall be given with the notice of meeting except that in case of the annual meeting no advance notice of proposed amend- ments need be given. (as amended 7/25/64) -4- /XZ 5 i � RECEIVED 1 lam- MAR 2 20 Re: Solutions East LLC ` Zoning Board of Appeals SCTM#1000-13-3-1(Pictures A through 1) • Proposed 22' x 22' one story 2 car garage with no heat or water (only electric)-A (see elevations) • The proposed location of the garage is the best location causing the least disturbance to the land or removal of trees-131 & B2 • If the garage were pushed to the rear yard 3 large mature Tulip trees would have to be removed-C • The proposed location is a flat area surrounded by natural vegetation-D1 & D2 • If the garage is pushed back it would become more visible from the road due to the rising grade of the property— E1 & E2 • North View Drive dead ends at the end of their property. The street becomes.a driveway which continues to a private home-F1 & F2 • the road is 50 feet from the property line — (see survey) • To the west is the proposed Tuthill subdivision. The development plan is to keep the road and proposed lots away from this property and away from Browns Hill. • The property line angles toward the house and the garage would have to maintain a,side yard setback while being placed at an angle parallel to the house. The house faces north, the front yard runs on an angle, and the westerly side lot line runs at a different angle. The location and angle of the garage is difficult. • A garage can not go on the east side of the property because: Property is more steeply sloped on the east side, there is a 10' x 12' deck proposed on the plans, the underground 1,000 propane tank is buried, the electric lines are buried, and the pool equipment is next to the generator-H 1391 Character of the Neighborhood: There are several accessory structures in a front yard within 1000 feet of the subject premises: ZBA#6424 William Adams- Pictures ®f the accessory building as seen from the road -1 1000-13-1-2 1,100 sq.ft. Art Studio The property is a waterfront parcel which allows an accessory structure in a front yard. However due to the size (55' x35') and use of the structure a variance for an "art studio" was required. The structure is very large and directly across from the subject proposed 22' x 22' garage. This art studio is the size of a small house. ZBA#7031 David & Judith,Miller 1000-13-1-9.1- Swimming Pool in front yard. ZBA #7035 Rowley 1000-13-2-8.10 : as built deck addition as built accessory pergola(other than rear yard), as built deck addition less than min. front yard setback and three as built accessory sheds .ZBA#7083 Howard 1000-13-1-9.2: accessory pool and pool house located in a front yard r � ------------- --- Jab �U55 Hot�'i� ViewP � . Date )n Architect 5�wT wy 917-848-1541 Title Scale architect.com Y S� ' ry � �, �'If• / ,1 t 1. L.. w 1 Vit• - �+,., f s' y��i J� r �. 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AN �♦ `Al�1• Yuri , i;• i�', r' �w r /�'`''R`-11►' I� �5�,�', } F toTw VIA r de lilt r � AiiW' � - „%' % .nor ��� s.� •, � (,[',/�,f. - .r-..'�:�� -- { .♦ z � T mw '+k i..f `��', ''�►�ii�j.� ✓�.. ,. i`.�'�. _�$$��NN�i _ _ _. - .� tib+' � '� ,x 3 ♦ Q. e 7 - �''S"'. ,,}a �.'rryIiye"'f .k .A ~ - - .1. 4i• 'w4-i+;c.`' 1 ��y r f. 6y 'a:\, »r:� .3� 'T..�e_A'�Mo3.w_�_ *nom ,_t�`„'.} _ .. � a►/ ��� �i �y h �'►fPQ. �p�.r 1t �� ` ,;,yt�,.� �2 T � _ -r � -..!•., fi -+ _ `� - _ :`�i atr�r . .q.�' ':'.e •S �, 6 t +tom t _ '°� r -o A N %6 Q Lu ,a w Elf g cs (J /060 A)o1W view 2>Y E� Greer►f a 64-YI end" COC 0-4 C cceff'ovy a-V+ Sftcd la 1 Po l3 C Arpybvo. 1ik,110 BOARD MEMBERS �fiF so Southold Southold Town Hall Leslie Kanes Weisman,Chairperson �0� Q�G 53095 Main Road*P.O.Box 1179 James Dinizio Southold,NY 11971-0959 Office Location: Gerard P.Goehringer N ac G Q Town Annex/First Floor,Capital One Bank George Horning �� � 54375 Main Road(at Youngs Avenue) Ken Schneider CQ��ry,N Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R7-CIE IV D 1 Tel.(631)765-1809-Fax(631)765-9064 1 FINDINGS,DELIBERATIONS AND DETERMINATION , MEETING OF NOVEMBER 16,2010 SOUthol I TOWN Clerk ZBA FILE: 6424 NAME OF APPLICANT: William Adams PROPERTY LOCATION: 1060 North View Dr. (adj.to Long Island Sound),Orient,NY SCTM#1000-13-01-02 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 30, 2010, stating that this application is considered a matter for local determination as there appears to be no significant county=wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency. review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated October 13,,20 10'' 3,2010;based upon the information.provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed ,action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• Subject property is a conforming 74,146 sq. ft. -lot improved with a two story single-family dwelling. It has 124.42 feet of frontage on North View Dr., 430.74 feet along the western property line, 258.75 feet on Long Island Sound and 374.63 feet along the eastern property line as shown on the survey dated June 12,2010 prepared by John C.Ehlers,LS. BASIS OF APPLICATION: Request for Variance from Article Ill,' Code Section 280-13C, based on an application for building permit and the Building Inspector's September 13,2010 Notice of Disapproval, concerning construction of an accessory structure; proposed construction of an art studio is not a permitted use. RELIEF REQUESTED: The applicant proposes to construct an accessory structure to be`u'sed as an artist's studio with an office,which per code is not a permitted use. ADDITIONAL INFORMATION: The applicant testified at the public hearing that he is an artist whose paintings are displayed and sold at a gallery in New York City. The applicant's architect/representative submitted to the Building Department architectural drawings, which included plans for a proposed accessory structure labeled "studio",presumably for an artist. The Board defines an Artist Studio as the physical location for creating artwork and a location for the public and/or private viewing and/or sales of same created artwork.The Board defines an Page 2—November I6,2010 l I ZBA File#6424-Adams CTM: 1000-13-1-2 Artist Workshop as a physical location for creating artwork and'expressly prohibits the public and/or private viewing and/or sales of same created artwork. The submitted architectural drawings also indicated an office within the proposed accessory structure.An office is' not a permitted use in an accessory structure. The Board asked the applicant to submit revised plans noting only a workshop.Three letters of support were submitted by the applicant's agent at the Public Hearing. FINDINGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Board of Appeals held a public hearing on this application on October 21,2010,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1) Granting of alternative relief for an Artist Workshop will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The creation of artwork within an accessory structure will have little or no impact to nearby properties. The structure will not be visible from the street. 2. Town Law 6267-b(3)(b)(2) The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant can redefine the accessory structure's use as an, Artist's Workshop. The activities that would define the office, in the proposed accessory structure, may be performed within the principal dwelling. 3. Town Law 8267-b(3)M(3) The variance requested herein is substantial. An Artist's Studio and its related commercial uses,for sales and as a public/private art gallery,are not permitted iri a residential district. As redefined and amended,the use of the proposed accessory structure as an artist's workshop is a permitted use. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed accessory structure will be raised on pillars and therefore will cause no land disturbance S. Town Law 6267-b(3)(b)(5). The difficulty has been self-created, insofar as the applicant's architect labeled the proposed accessory structure as a studio having an office, both of which are not permitted uses. 6. Town Law &267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an Artist's Workshop in an accessory structure, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New.York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Go'ehringer, and 'duly carried,to DENY,as applied for,and GRANT ALTERNATIVE RELIEF: As shown in the architectural plans dated revised 11-02-10 prepared by Ryall Porter Sheridan Architects as pages A001, A002, A101.1, A301' and the survey dated June,12, 2010 prepared by John C. Ehlers, LS. Showing the proposed accessory structure to be used as an artist's workshop Conditions: 1. Public viewing of artwork is prohibited. 2.'There shall be no commercial or private sales of artwork from the accessory structure. 3.An office is not permitted in the accessory structure. 4.No cooking or sleeping shall take place in the accessory structure That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3—November 16,2010 13� ZBA File#6424-Adams CTM: 1000-13-1-2 Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: ,oyes:Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Horning by phone no voting right) This Resolution was duly adopted(4-0). fA RECEIVED LeslieKanes Weisma , hairperson Approved for filing / /2010 tmj 1 8 2010 Southo d To Clerk SURVEY OF PRC/PER11' N C..I'Ft. mQ(s) �_Be, EST HOLE DATA �J'ITUAtTE: ORIENT DRAINAGE 5Y5TEM CALCU �5,_ a�ngp EL=-f4,4' TOM,w�' �,/'y�'��) n County Dept.of plea @ rrFsr APRIL 17 2010) roR �I`l= T i�+M 5NDI0 ROOF AREA, 1040 loss.SUFPOL.� � Ip40 sq.ft.X O.n =1,12852-5700,49 HourS to Act/ ITl cu.Ft./422=5verEwQu_hed �1�,SURVEYEDt APRIL 25,2010 PROVIDE(I)8'din.X 6' OOL C 41P'ec on(S)5 PROP.ACTIONS MAY-1,2010 PROP05ED 8'DIA X 3'DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHO w°Rru�o-�es pec REV.JUNE 12,2010 SUFFOLK COUNTY TAX# HOUSE ROOF INCLUDING NEW 5C;MEN PORCH ' 1000- 15- I -2 1442 sq-Ft.X 011=246 cu.Ft 246 w.ft./422 8=5. vertical Ft.of 8'dla leaching pool required CHRTH4W TO. PROVIDE(2)O'dlo X 5'STORM DRAIN POOL w1lil"ADAMS LONG r �M � ISLAND N47o�dt� s -1 ------------ ---- ----------- - ------- SEP 17 'Z010 --- --------- - -- _ _ -- o� Ps� �� --- ----------------------- ----- BOARD OF APPEALS -- -____-- '�'� � �- __-_______--- -- ----- -- --- r---- ---------------------------- ----- _W---_-_---- ------------ HEALTH DEPT.REF — - - - ---------- -------- --- - ---- -_ — - �' ------ sr RIO-10-002Q _ _ _i=; --_-`==� ----------------------------- ----------------------- -- - ---= -- _ o� `� �` /nO�_'- __ �- ----------- ----- _----------_--__ - ---- �� • 4 / __ �P' •/ —_ -__•'__ _\ TYCO` --------------------------- ------------------------ ----------------- ------------- lp P AOL Ire 7-6 70 VE: Om PO lP m03 m� / Z > w r rrnip Inv O � as n at me rill 0 70 m yA 11 liyg ' 0 ; /- in N Yea 11 ' C1 T pE 11ITY DEPARTMENT OF HEALTH G AL OF CO �RFORAPPROV ' Z m SINGLE I= RwI FORA'" s- �_ \ s � ¢ i AMI Y G TI .0 ,g wast 6�•n1 O. DATE aC�+, 124. S APPRo 00, i TOTAL MAXI 4^,OR4 59.777' ■ EXPIRES THREE "0. NOTE o AFtIVAL MONMENT FOUND AT �pa.,�>;• "'to,,,,,crstw w.0�we�cc"�oaos�wo EXISTING CESSPOOL TO BE ABANDONED „at or ImEw Y A5 PER S.G.D.HSA�S.C.D.H.S.STANDARDS O qP�1 G��, ELEVATIONS REF. NAVD'88 DATUM Area = -14,146 S.F. JOHN C. EHLERS LAND SURVEYOR Area = 13022 Acres cky �?� 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC 5GAL.E I"= 40' _ _ S D Al 5J RIVERHEAD,N.Y.11901 369-8288 Fax 369-8287 RERCADocuments and Settings\Owner\My Documents\My Dropbox\I0\I0-128b.pro A - BOARD OF SOX OLD TOWN TRUSTEES SOUTHOLD,NEW PORK RECEIVED PERMIT NO.L:k64 DATE:91Y 21 2010 OAR1)OF APPEAL ISSUED TO: WILLIAM ADAMS PROPERTY ADDRESS: 1060 NORTHVIEW RRIVE,ORIENT SCTM#13-1-2 r AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 21,2010,and in consideration of application fee in the sum of$250.00 paid by William Adams and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to renovate the existing two-story dwelling; construct a new screened and covered porch on concrete piles; construct a 1,100 square foot single-story artist studio on concrete piles; install new sanitary system replacing the existing system shared with the house; and install a new driveway;with the conditions of the installation of gutters to leaders to drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff,the new sanitary system is to � be installed outside the jurisdiction of the Board of Trustees; and as depicted on the survey prepared by John C. Ehlers Land Surveyor,last dated July 27,2010,and stamped approved on August 2,2010. l IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. 1 FBI Ah /W,W�Z" � � f oCie X. 3-- RECEIVED TERMS AND CONDITIONS BOARD OF APPEALS The Permittee William Adams,residing at 1060 Northview Drive Orient New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board-of Trustees and the Town of Southold are released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit,and the said Permittee will,at his or her own expense,defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as Tong as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents,and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. li► J I J WORKSHOP RONOD STAKED HAY i 10 IS EEEWOVE IK BALE% LIIMNG RO.IECT 1957 LIMITING PENCCE 91 / I STALLEDPRIORTO I / \ THESTARrOF CONSTRUCTION DATE REV61gJ9 74 UNnLRYYPPOLE �`� `�\''•�-__��'"/ ^.``\ \ I NEWORY LLSau // `---�•_-_ �- SUM-3 HON OFF � -- WE i \� BMYDaAVPlA11 �'S -��'�•- \ WILL AMID - Ad � ISTING REP LACE EXSTINGO \ i Wim° `�-- \ ' E _ EM3TWO .. -�,. GRAVEL --� PATH NEWDRV TAI. \ BUILDIWOOD NG RUN OFF F.R1(SEFEWSAUL SUE AND IDENCE RY ``• EX6TNG GARAGE DOOR AND ORNEWAY \ 1 NEW SINGLE STORY \ \ ED AND {{ SHOP FRASTRUCTURREE ON ` uNDHi NEw sCflEEPORRCCH i \ i{ P4E9 TO o ai RRM D \� I \ ' I ON PdE3 / I x '1` I 44 AREA Im Jim ST "!8 10 FILL EXISTING EX��:D 1 { oil SECTION OF/ ''a J j r, f �/ _ \� \• i i{' ' ' i t Q \� ` _ „ \ I ' RYAL L PORTER SH ER�AN AROMECTS 135 FS PROPOSED WATER PERMEABLE GV SERVICE LINE AS PER DRIVEWAY TO REIO03nN0 NE0SNY APPROVED 10010 OR JOHN EHLEiS ` / 1 REAEM'IDO,�D I (Q 7TEL I (2 1 (DOH REP#RID-10MN) \\ ���.,-__�.� e ; AND Ri i rn IX PLANn, 0 FAX I21 256-1763 { , _--•-_'�-_- / / / % , ; REDS I REMA1 E)0EnNG WATER •� x SERVICE LINE EP .roa NIA.4+FR +o,o 1 /�- PROPOSES NEW 6EPT D SYSTEM AS T ' 1 '•'!~ -"_._- f/. :' `f . UOR�JAOFIN 11 I •` r,^. /,.�.. ' i '•I.._.. --/-------_•1 1 PLAN �A9 SECTION OF EXISTING GRAVER DRIVEWAY TO BE REMOVED �= / -- - _...... - / / TOWNOFSOUTTHOL.D ROPOSED SUFFOLK COUNTY,NEW YORK FINALL MAP SOTAXNO1000-13-01.20 RMEM0 �A ITE PLAN AREA=74146 a n SEEDECISIO (ronDEL1Nc71.7oc DATED-AL1 WALLS u^JJ `/ ' •� � -IXL4TDi0 1 PRD OPOSED SITE PLAN NEW WAS 2 1• I' II I ✓ CONSTRUCTION LEGEND N —-TYPICAL EXTERIOR WALL l� -TYPICAL INTERIOR WALL - -TROMBE WALL WORKSHOP ---------UNE OF ABOVE (=msenv ePi iR6ilumllm RooN 1060 NORTTiNIEW DRIVE I XXX -ROOM NUMBER l ROOM LABEL ORIENT,NEW YORK MW SCRE@1�M�® 11957 AT COVERED,SCREENED PORCH @ -DRAWING REFERENCE TAO PA117TDN3 STORAOE RACKS O -WALL TYPE TAG SEE DRAWING A501 O -INTERIOR DOOR TAG SEE DRAWING A700 DATE REVISIONS LDCATUNOFHEAT W1410 69UEDro SDUTimO FIEDOVEBY VENTIUTOR- 1Ot01A BDAPD OP ARPw..n i ZEHWDER COMFOAR2D0a� -MIU.WORKTAG 11 oz 10 AcvASEn AdD Reas�mro I1TV.IfY SINK ® -w xrERwR DOOR TAO SEE BOARD««, gam DRAWINGV41NG A700 -SMOKE DETECTION DEVICE DOWNTSPOIOfTDDPHIND RAN •MTD ON CEILING(TYP) f SCREEN ® -CARBON MONOXIDE DETECTION DEVICE ��al -MTD ON WALL 24`AFF(TYP) RME[vLD NOV 0 4 2010 sr-10 1¢.A T GENERAL NOTES DOAPOOPAT••- i 1 ALL NEW WINDOWS AND GLASS DOORS TO BE WOOD /1 — --- FRAMETRIPLE PANE WITH LDW-E GLASS TOTAL �Y1J III U-FACTOR 2 STUDIO TO COMPLY WITH PASSIVE HOUSE STANDARDS r O O ! OF CONSTRUCTION-CERTIFICATION OF THE STRUCTURE I WILL BE REQUIRED UPON COMPLETKNJ I —J aWoa ® ® AIR BARRIER NOTES sa �q�E � � 4 CONTINUOUS AIR BARRIER TO CONFORM TO BLOWN M1 SD1 2g a 302 ® SMOKE TESTING ND RAIN SCREEN IOR TO TPEHFORMTION 0ANCEFO AW BARMIER 1Vyay— SCREENED uco ENTRY /� TO TESTED PRIOR TO AND UPON TO INSTALLATION OF PORCH ® —1 -- Lz1 I WINDOWS,DOORS AND RAIN SCREEN. _ � I YORK I I SHOP _ � I • I T4rAu Pocne1 SHERM ARCi/WM /I ---- I 1NEW YORK,35 FIFTHAVENUE UE O —_ I 10019 FFF\"rzv%%%111 J TEL f2 254-1175 FAX(212)2S4-1755 TROMDE WALL YM I LdrvE AT SKIM EXTERIOR SYSTEM AT DTiEPiIOH BNu.�D Imo P LLYW000 �N FLOORS CHECKED rd LWCONY ON CONCRETE PLLE a••,c 114'vt WORKSHOP FINAL MAPONSTRUCTION I. REVIEWED BY a f SEE DECISION 8 PLAN DATEp1L1_&! 1 WORKSHOP CONSTRUCTION PLAN M A SCAIE 1M'v lb' ADAMS WORKSHOP pccmwvG7wucnnzQ 1060 NORTHVIEW DRIVE ORIENT,NEW YORK 1957 LOCATION OF SOUTH DATE REVISIOM FACING PHOTO VOLTAIC LOCATION OFWUECTCSOUT� PANELS DOWNSPOUT BEANO m.SO/30 CF AP—,UI FLVNSCFtEEN 11 Q10 vi 6a——————— ZQ ————— ---——————————————— Egg.; F --——--————————-----Sjol 61, RIOSVO, LOCATION OF DOWNSPOUT NOV 0 4 Zb,a BEHNO RAM SCREEN 2 31 32 ------------ —————————-- ByEACaBOUUUI-APPEuQ oil 24 PA SCREEN EXTENDED O NORMA FOR SEWTRANSPAFIENCY 0600 177777 CONCRETE PILE FEW LVL SEAM-PAINT® n EAST ELEVATION ELEVATION SCALE tY'=1 LOCATION OF DOWN SPOUT TO DRYWELL LOCATION OF PHOTO VOLTAIC $pourGUTTER TO DOWN 101 60 I --------————— — -————————————————-Sjol SO 9601' rn -—————— ——————-&P6 01' III - — Imi'■"I l I , 27 LOUVERED EHAD.MG ————---S-9425' ASSEMBLY RYALL POMM allErMAN ARCHrFEGM z: 135 FIFTH AVENUE NEW YORK,NY 10010 III TEL �250,1175 LU................. FAX(21254-1755 Jill 7- BALCONY ON STEEL NUWH is REENFOWICED CONCRETE WALL Owe ODO w•., EXTERIOR NAL M A ELEVATIONS S REVIEWED BY SEE DECISION 0 DATEDEn r ,=� ATION WEST& � SIJRYEY OF PR(.,,r'ERTY N TEST HOLE DATA SITUATEs ORIENT 1Nater ltne(s) Be Inspe ' HOLE -14 DRAINAGE SYSTEM CALCUL IOt flak County Dept. P a - MST 1roLF D1G er�avt,oR TOWN: SOUTHOLD Calf 852-57o APRIL 17,2010) STUDIO ROOF AREA: I p40 ft. ices. SUFFOLK COUNTY NY 1p40 sq.ft.X 0.1-7 _ 1Tl ft. 0.4$Hours In Ad / III Cu ft./42.2 = 5 vertI I Ft.of 8'dIaTeed 9fslele R�' SURVEYED, APRIL 25,2010 PROVIDE(1)8'slim X 6' IN POOL p CtIC1n($)S PROP. ACTIONS MAY 7,2010 PROPOSED 8'DIA X 9'DEEP DRYWELLS FOR ROOF RUN-OFF ARE 5HO REV.JUNE 1:2.2010 r SUFFOLK COUNTY TAX # HOUSE ROOF INCLUDING NEW 5GREEN PORCH 1000 - 15 - I - 2 1442 sq.Ft.X 0.11= 246 cu.ft 246 C.U.ft./42.2 =5.8 vertic01 Ft of 8'dlo.leaching pool required CERTIff1)OTO. PROVIDE(2)15'6110 X 5'STORM DRAIN POOL WHIJAMADMM � Ldp „• AUNANDRA S LAND LONG I ��°j'a _ •oI "l�� ---- -------- - - .SS' i,. ck p 17 2010 -_--- --- ---' _ _ _-' -- -`� ---------------- _ _ __ �e OFAPPEALS __- - Z. _____ __ -------- - ------------ BOARD �r _--- -- -- ___ ��-- �"`t_f- - - ----------- ---------------- ---- - ------- ___ =_= _- _---- -__- -- ---___=__'-- =------ --- -______` s =___ ---- �; ;,���> ------ ------------ ---------___-__-____ _ -_- _ - -- ^ --__- --- i HEALT14 DEPT. REF. `--_-- -__-- - `------------_-_______-___ ___--------- _ - ------ --------- -- o iZ10-10-0020 \``�``' `�` _= r^ -" _- _______ ___---- - ____________________ \ _ --_---_-_----------------------_--_-_-_----_----��- ------- _ .�•- -----------____________ _ ________ `_ \4`110 ---------------- 4D ALP 40 __ --_----- --- - --- - �rn- O rn-- �9iI� -- - - ; ,N ' a°• `�• •,''rR N(kpj�J 711 A(\ 'p �# ec - - t. '1 ♦♦ Sj Gp m E42 -nx '411 All, CA\2 Pal ODm U, TJ Z Z gmop r zm3 u 0 % a a C 1cn 71 fil s mTI rm Qt N m rnm -+ VATI'ON 1III14 + e cn FIOR q�1O;SRI 1T , / \.�� ��• A r Q I ' lti i N o o eyw,E,at7,� �' �sa �U 1 �A i EA pER� UN7Y DEPARTMENT OF IJEALTHNTRUC7TONFORA' SINGLEFAMI O G Mli FORAPPROVALOFCO ' �+ y .T YRESI t 1's DATE 8ti '�tbE_I 0 �`��' 1s< ' APPRo 59.7'7' , crnn ToTAt.lygXi ppf/•d�r� Ir11t��s ' .111V�7p ' � ^`'ANLr+bgC1'N' venrorn.a Nra\..n oaaen��wy EXPIRES THREE YEA F�.'i r, ry � wu.•.er Y wowu+w.a a w - AP1,. V A o.cvw ea<w••aa..- NOTES, �'- ---•-.-_�. r;FF.t? A1 ,`}��—) .+•..� �„-_..... ` AL O'K1117 •fE 9 f ? '�Y mow ve.w or uw ■ MONUMENT FOUND 11"11 w 11 M 6tPE�Dt-. nn o hE•= . .5� tt3i .r.o•a«a.wr a ven..w,.a.en or ti..,.rwa..wra.e Mw,.iy+y ua,w. MIf el t�m1V+IP Le•A 3/.w�oJaf4f0 EXISTING CESSPOOL TO BE ABANDONED ,m S.CD.H.5. STANDARDS YD ,,,b . Adm�• Fwd M ER •�Q c 'Qf, ,mss aeuc wn7si AS Pm w o.w rP rw•oo n.q a p.va �•'' rw orm,o w ua m^wv b'�eW�..d N•9wtlw9 M41Hb.� L�19ta ELEVATIONS REF.NAVO '88 DATUM Area = 74,146 s. F- s JOHN C. EHLERS LAND SJR\%EY®R Area = 1•1022 Acres �� � 6 EAST MAIN STREET N.Y.S.LCC.NO.50202 GRAPH_IG 5GALE I°= 4_D' _ S O �1 J sv R��D,N.Y.11901 369-8288 Fax 369-8287 REF.C:\Documents and SettingAiOwnerWy DocumentrAMy Dropbox\10\10-128b.pro .i iii �� �' • �` • i�'� ;., • • • � ��_• •• �,. ���� ^. �� ' i�� � � � �� . � I •F_ _Mli •H�`.._f 1��11�1��'G✓1� tr•a' 1 4 .- �;;.! • •' �- �j. G if - :� s', • .�, .�• �''� '*tea �� •:�'�fi ��` ; � - �*_`' .. j,- ,- u r x. v. r Rall infoCary allsheridan.com Sheridan Office (mail to:info Co) ;yllsheridan&om). Architects Projec ttp� lheridan.com/orgoy43d�3 th Avenue 300 C�) Uit—tp-LLryalls1fdAdmi w�0010 1� E- The Milton Resnick and Pat Passlof Foundation Orient House (httpryallsheridan.com/projects/resnick- IV— passlof- f http://ryalI hgrid, foundation) Orient Artist's Studio Read more house-ivI Af �. Al Y- •r ' � + , F 3.•y, Syn f • •. 11-814• 1 1. 1 Ryall info@rya11sheridan.com Sheridan Office (mai6ilto:info@_ryallsheridan.com) Architects Project tp:%N heridan.cont/o*J 64q 809 4343 th Avenue 300 ID ,(1�ttrya whoolo a 7 fir- i 4. yr r The Milton Resnick and Pat Passlof Foundation Orient House .(httpfryallsheridan.comlprojectslresnick- IV passlof- .(http://ryallsherid, foundation) Orient Artist's Studio Read more house-iv). a: A � AL I•I1 iw i�1. w '� + y�,;• �� ! v r Q I •k�NG �ti�'� f•Y•111 w✓Iq �� •�j '�. 1�• F F � � k' it ✓� !'4 g �� y �"... i • • • • : '� 4', Mr R . .r kk x f Y j' rt s jls S S - sit, �. , •A - • Ryall, i Cryallsheridan.com Sheridan (mailto:info@ry sheridan.com) Arch ectS .proec 4- 809434 all.00111 IO th Aven 00 (L) (http: 10 F jo 38' •n� 1� The Milton Resnick and Pat Passlof Foundation Orient House (http_J/ryaflsheridan.com/projects/resnick- IV—> pass10f- .(http://ryallsherid, foundation) Orient Artist's Studio Read more house-iv). Ryall inf—o@-ryillsheridan.com Sheridan Q- (mailto:info@ryallsheridan.com) Architects Pro ec 64 809 4343 l_ attM M/Naftheridan.com _f U. h Avenue 300 (L) (httptryallsbb m4xm)0010 r f 1 } 1 The Milton Resnick and Pat Passlof Foundation Orient House (Ilp_LLryallsheridan.comlprojects/resnick- IV—> pisslof- .(http://ryallsherid, foundation) Orient Artist's Studio Read more house-iv), Ryall iLiLo@-ryLlIsheridan.com She= Office (mailto:info@ryallsheridan.com). Architects Projec ttp:/�heridan.com/o"64�.� 809 4343 th Avenue 300 A Now= IL r = wat�ufrsisN�rrn0MI a t i i i 1 The Milton Resnick and Pat Passlof Foundation Orient House (httpryallsheridan.com/projects/resnick- IV--> passlof- .(http://ryallsherid, foundation), Orient Artist's Studio Read more house-iv) I goo-7G V,Elegy o r AacmoOc _�/571AW v (2VO67 )Dc-7e) i9te)[In FYI/.A� P���� . Ael-/ll "t: 143/ IT AWr- ;3 3��lltoA� L � r BOARD MEMBERS sof SOUL Southold Town Hall Leslie Kanes Weisman,Chairperson � yp 1 53095 Main Road•P.O.Box 1179 Eric Dantes Ire Southold,NY 11971-0959 Gerard P.Goehringer en � Office Location: G Town Annex/First Floor,Capital One Bank George Horning �® � �Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'f'CQUMY,�c� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 REC VE FINDINGS,DELIBERATIONS AND DETERMINATION a5 MEETING OF MARCH 16,2017 M R 2 1//-�20 2 ZBA FILE: 7031 NAME OF APPLICANT: David and Judith Miller S uthold Town Clerk PROPERTY LOCATION: 370 Sound View Drive,Orient,NY SCTM No. 1000-13-1-9.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 3, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming 48,207 sq. ft. parcel with two front yards in the R-40 Zoning District. The property measures 24.62 feet fronting North View Drive, along the northerly property line, measures 150.00 feet fronting South View Drive, along the southerly property Im"e, measures 347.00 along the easterly property line, and measures 240.00 feet along the westerly property line. The parcel is improved with a one story frame house with garage under, with brick and asphalt driveway, in-ground swimming pool, wood decks and brick patios all as shown on survey prepared by Nathan Taft Corwin III,L.S., last revised November 7,2016. BASIS OF APPLICATION: Request for a variance from Article III Section 280-15, which states accessory buildings and structures shall be located in the rear yard, and the Building Inspector's October 14, 2016 Notice of Disapproval based upon an application for a permit to remove an existing swimming pool and to construct a new accessory in-ground pool, at; 1) Located in other than the code required rear yard, located at: 370 South View Drive, Orient,NY, SCTM# 1000-13-1-9.1. RELIEF REQUESTED: The applicant requests a variance to demolish the existing in-ground swimming pool and to construct a new larger swimming pool, in the same or similar location. Page 2, March 16,2017 #7031, Miller, SCTM No. 1000-13-1-9.1 ADDITIONAL INFO MON: The proposed pool sits on a high elevated and completely vegetated top of a. steep slope on the northerly part of the subject property overlooking North View Drive. By Appeal No. 5043, dated January 10,2002,the applicant received a variance for an "as-built"swimming pool located in the front yard rather than the rear yard. FINDINGS OF FACT/REASONS FOR BOARD'ACTION• The Zoning Board of Appeals held a public hearing on this application on March 2,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties'. The proposed in-ground swimming pool is located behind the applicant's dwelling on top of a well vegetated steep slope overlooking Long Island Sound and North View Drive and cannot be seen from this road or from South View Drive. Vehicular access to the subject dwelling is-only possible from South View Drive, due to the steep slope on the northerly end of the subject parcel and the existing fence around the pool area per town code. In ground swimming pools are characteristic in the subject neighborhood. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. ,The parcel consists of two front yards and,a non- conforming rear yard. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, prior variance relief permitted the construction of an in ground pool in virtually the same location which has existed since 2002 without adverse impacts.Additionally,the proposed location functions as the applicant's rear yard since they have access only''to one of the street frontages on their property(South View Drive),and the proposed pool will have a front yard setback from North View Drive of 68.2 feet. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a'variance in this residential community will have an adverse impact on the physical or environmental conditions,in the neighborhood. The applicant'must comply with Chapter 236 of the Town's Storm Water Management Code. S. Town-Law 267-b 3 b . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant.had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. . 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new larger swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer,, seconded by Member'Dantes,and duly carried to, Page 3,March 16,2017 #7031, Miller SUM No.1000-13-1-9.1 GRANT the variance as applied for, and shown on the survey prepared by Nathan T. Corwin, L.S. last revised November 7,2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool mechanicals shall be placed'in a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed as shown on the approved survey cited above. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as-alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board,reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase'the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior-to the date of expiration,grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board.- Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante and Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing /e?G /2017 ,j OgT VSE SURVEY OF PROPERTY t�S N 827 4.62'I E 1� SITUATED AT =az.g0 P s ORIENT R' 52 61,°�• TOWN OF SOUTHOLD I £� �0, SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-13-01 -9.1 SCALE 1"=20' MAY 27, 2008 JANUARY 15, 2008 ADDED TOPO& PROPOSED SEPTIC SYSTEM MARCH 12. 2009 REVISED PER S.0 D H S. NOTICE DATED 03/03/09 e aaay' N SEPTEMBER 17.2009 FINAL SURVEY FOR NEW SEPTIC SYSTEM gI NOVEMBER 7, 2016 UPDATE SURVEY AND ADD PROPOSED POOL gl yeh AREA = 48,207 sq.1.107 ac. it. I CERTIFIED T0: DAVID MILLER �� ♦o JUDITH SCOFIELD MILLER FIRST AMERICAN TITLE INSURANCE COMPANY BANK OF AMERICA, N.A. Z D, .o b� �' ' � r 1♦'1 Q o i l �� �4 SEPTIC SYSTEM TIE DISTANCES djo(vooLyT ,,,,��QQ4�0 'b COVER qpp iI HOUSE CORNER'A' HOUSE CORNER'e' 152' trrr Op �OQ Q '� SEPTIC TANK 22' 25' Yc OUTLET COVER y r/ CESSPOOL 14' 45' COVER 1 COVER 2L 28' 45' 590— lctA�A o. �� ' i, •P ,y0 0 FINAL MAP REVIEWE® BY ZBA yS �d —26.2' _ ���,`,� �o. ♦®CA Cp � SEE DECISION# �- N 06 %A L/ \4 pp�TED�j�1001-7LA n Die 6� f D• .e • y + 0' "Nur �• 1 • � • � "/' • D v\N •A cl \ D. e• •• � OR� cJY� .D • �� � 6pp�e _,40 ,ice - h; @t •�R}�• '`�(fl, MITI POLE ° D, \ \ UTILITY POLE OF ppEPARE9 IN ACCORDANCE WRH THE 116JIbNL1 • ,• \ fY" �� ��( STANDARDS FMR SURVEYB AS 6TABUSHE° `````` YYY BY 7NE LIALS AND APPROVED AND ADOPTED � , V` \N �( FOR SUCH 14ftd6N' l NEW YORK STATE LAND O Op �p1f� 4 Z0 t�L'IFNI?yy'' 00. 5� �eVp S11 AF' YG a0 S•6� O� P HECEIVEC od` �' ���>`'��P�R DF C P 2016 l 4• "� ` ,.. \ O QO°V Vg� ZONING PI(JARO OF APPEALS -• ` 'r\'•�-=Tc a 50467 ro,�°5°09I ^�°Ur°�°°�°N Nathan Taft Corwin III SECTION U OF THE NEW YORK STATE _ EDUCATION LAW. COPIES OF THIS SURVEY NPP NOT 8FARING Land Surveyor THE LINO SURVEYORS INKED SEA!OR TOEMBOSSED BE VASEAL SHALL NOT EA TRUE LOP(.BE CONSIDERED LERNFlCARONS INOICATI])HEREON SHUL RUN Successor To.Stanley J.Isaksen•Jr.LS ONLY 70 IME PERSON FOR WHOM THE SURVEY Jobe h A In D no L.S. IS PRa'ARED,AYO ON HIS BEFNIF TO THE P 9 9 TIRE COMPANY,COVaiN1rENTAL AGENCY AND TO DINE INSTITUTION SSIGNEES LTTE LENDING AND- Title Surveys—Subdiwsions — Site Plans — Construction Layout TLM04 CERTIFICATIONS ARE NOT TRANSFERABLE PHONE(631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY P.O.Box 16 AND/OR EASEMENTS OF RECORD,IF 1586 Main Road James It,New York 11947 ANY,NOT SHOWN ARE NOT GUARANTEED Jamesport,Now York 11947 Pa ZONJNG WARD of APPEkS l ,i Abw L p.. f-Yt-4T �:- fi � W Iwo, FMCBW � h0J c I DEC s im ZOMMW BOND OF APOSUS I p a t t Iii - � • 1 ! � / Awl AIT `Y E J INX .J 1 _ At �, . � _ Cfo� a�a f� CHECK BOXES AS COMPLEITED ( ) Tape this form to outside of file- I O Pull ZBA copy of ND 6 ( ) Check file boxes for pr ( ) Assign next number or ;° ° a M CL outside of file folder r+ •tD ( ) Date stamp entire ori€ o file number ( ) Hole punch entire ori 3 IU 3 (before sending to T. °'• x o �, � Cn m• ( ) Create new index cart 0• co °' o _ < v cD ( ) Print contact info & to o v z o a ( ) Prepare transmittal tc 3 v z v CD ( ) Send original applicati @ rQ ca to Town Clerk w ( ) Note inside file folder = and tape to inside of f 3 ( ) Copy County Tax Map; neighbors and AG lots O Make 7 copies and put ( ) Do mailing label V O W a - 43, c2 � �I b 9 '1 ' i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ti0�� ®l 53095 Main Road-P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Gerard P.Goehringer C00Office Location: G Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�CQ��t,� Southold,NY 11971 http://southoldtown.northfork.net- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 RECEIVED --I ld& Po�oro� FINDINGS,DELIBERATIONS AND DETERMINATION MAR, 26J" MEETING OF MARCH 16,2017 ZBA FILE: 7035 outhold Town Clerk NAME OF APPLICANT:Ian and Lynette Crowley, PROPERTY LOCATION: 1315 Hillcrest Drive, Orient,NY SCTM No. 1000-13-2-8.10 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 11, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION:The relief,permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's pp s p ro e p rly is a non-conforming 40,049 sq. ft. parcel located in R-80 Zoning District. The northerly property line adjacent to a vacant residential parcel measures 267.00 feet,the easterly property line fronting Hill Crest Drive measures 125.50 feet,the southerly property line fronting Sound View Drive measures 242.00 feet and the westerly property line along Brown's Hill Road (paper street)measures 150.50 feet. The premises is improved by a two story frame home with an attached two car garage, an "as built"deck and an attached "as built"pergola, as well as three"as built" accessory sheds, as shown in a survey prepared by John T.Metzger,L.S., last revised March 2,2017. BASIS OF APPLICATION: Request for Variance(s) under Article III, Section 280-124; and the Building Inspector's December 7, 2016 Notice of Disapproval based on an application for permits to legalize an "as built"deck addition attached to an existing single family dwelling and an "as built"accessory pergola at: 1)"as built" deck addition less than the code required minimum front yard setback of 50 feet, 2) "as built"accessory pergola located in other than the rear yard, located at; 1315 Hillcrest Drive,NY SCTM# 1000-13-2-8-10. RELIEF REQUESTED: The applicant requests variances to legalize two "as built" structures that are attached to the two story single family dwelling. The deck addition has a front yard setback of 45 feet, and the as built Pergola is located over the deck in a front yard ADDITIONAL INFORMATION• The Building Department has determined that the applicants' improved parcel has three front yards, The subject dwelling faces Hill Crest Drive with a private driveway access to the Page 2, March 16,2017' #7035, Crowley SCTM No. 1000-13-2-8.10 street which currently serves as the property's only legal access. The parcel also fronts along the southerly property line on a wooded, unopened paper street known as Sound View Drive. To eliminate this front yard zoning issue,the applicant testified that he and the adjacent neighbor to the south attempted to purchase, subdivide, and annex this unopened road from the Town of Southold which they were unable to do. The third frontage is along Brown's Hill Road, a private road which is used for access by property owners in the Brown's Hill subdivision. The subject parcel has no legal access rights to this private road over the street line. Therefore, by Code;this street line shall not be considered to be a front yard. Two other prior variance approvals by the ZBA are relevant to and support this subject application(#6436 dated February 16, 2011; and #5856 dated April 13, 2006). In both instances, each applicant proposed accessory in ground swimming pools in what was determined by the Building Department to be a front yard,rather than the code required rear yard, based upon the parcels having'frontage along Brown's Hill Road. However, neither property had any legal access rights to Brown's Hill Road. Additionally in#5856, the parcel was also adjacent to the unopened paper road know as Sound View Drive. A revised survey'prepared by John T. Metzger, L.S. last revised March 2, 2107 was submitted to the Board during the public hearing pursuant to a request that the survey be revised to depict sheds located on the subject property that were seen during site inspections by members of the Board. The applicant's representative assured the Board that she will submit applications to the Building Department to legalize all structures. FINDINGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Board of Appeals held a public hearing on this application on March 2,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Building Inspector determined that the rear deck addition has insufficient setback from a town road know as, Sound View Drive. This road is not open and contains woodland and vegetation to block visibility. In addition, the pergola is adjacent to the as built deck and is also buffered by vegetation and not visible from Hill Crest Drive or adjacent properties.Moreover, prior variance relief for front yard setbacks for accessory structures has been granted in this neighborhood. 2. Town Law 8267-b(3)(b)(2) The benefit sought by the applicant, cannot not be achieved by some method feasible for the applicant to pursue, other than area variances. As indicated, although the applicants have no access over Sound View Drive,,the Town still considers that this paper road constitutes street frontage and therefore any structures on the parcel must conform to the code required yard location and front yard setbacks for the zoning district in which it is located. 3. Town Law &267-b(3)(b)(3). The variances granted herein are not mathematically substantial, representing 7%.variance for the deck, and 6% for the pergola. 4. Town Law $267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3, March 16,2017 #7035, Crowley SCTM No. 1000-13-2-8.10 5. Town Law 5267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of the requested variances are the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as built" rear deck and pergola while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF TBE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson),and duly carried to: FIND THAT since the subject parcel has no legal access rights to the private road known as Brown's Hill Road,therefore; by Code,this street line shall not be considered to be a front yard and any accessory structures placed in such yard shall comply with the applicable rear and side yard setbacks for the zoning district within which it is located. AND to: GRANT the variances as applied for, and shown on the survey prepared by John T.Metzger,L.S., last revised March 2,2017. SUBJECT TO THE FOLLOWING CONDITIONS: The applicant shall apply for certificates of occupancy in order to legalize all accessory structures on the subject property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or'architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board ofAppeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subjectproperty that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action, The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon Page 4, March 16,2017 #7035, Crowley SCTM,No. 1000-13-2-8.10 written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning, Dante and Goehringer. This Resolution was duly adopted(5-0). G Leslie Kanes Weisman,Chairperson Approved for filing /2017 1 i, , l�c ck :ui�l Pergola as Seel) from SE w - ' ".►". _ �4 - _a Mfr.• � .'........, IONM BOARD Of APPIALS , *Photox taken Dec. 14th 2016 i M 1 r � f i 0/0 s04 CHECK BOXES AS COMPLETED ( )Tape this form-to outside of file ( j Pull ZBA copy of ND (° ) Check file boxes for priors O Assign next number on list;. cQ ® > O outside offfolder o 0 CL a ( ) Date stamp entire original a rt y file,number _ o ( ') Hole punch entire•original al (before sending to T.C.) 3 v -v 0 0 0 ® w 0 O Create new index card �' '" ° ° oo ( .) Print contact info & tape to , 0; a x0 ( ) Prepare transmittal to Town • z 3 m Cn co CD N =< a W ( ) Send original application w/ to Town Clerk O Note inside file folder w/prio � It and tape to inside of folder ( ) Copy County Tax Map; highl neighbors•and AG lots ( ) Make 7 copies and put with o ( ) Do mailing label " , � i O I CA 111111"'��� SURVEY OF PROPERTY A T ORIENT �9 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-13-02-8-10 SCALE: 1'=40' APRIL 10, 2001 21► sp MAY 15, 2002 (FNDTN. LOC.) APRIL 16, 2003 (FINAL) DECEMBER 15, 2016 (DECK & PERGOLA) MARCH 2, 2017 (SHEDS LOCATED) c so To i a T R=25.00' �J L=39.27' q� 4� rk�•2 � �� FINAL MAP REVIEWED BY ZBA C�'Afl SEE DECISION # 7035 vq ol DATED 3 / ►G CER77FIED T0: IAN CROWLEY pb y� 0� L�O� LME77E CROWLEYl BRIDGEHAMPTON NATIONAL BANK FIDELITY NATIONAL TITLE INSURANCE . � 6 �'� `IPGOF A1E_Lyj- COMPANY OF NEW YORK LOT NUMBERS REFER TO SUBDIVISION MAP OF HILL CREST ESTATES, SECTION ONE' FILED IN THE SUFFOLK COUNTY �2? CLERK'S OFFICE ON AUG. 15,1983 AS $ FILE NO. 7218. LAND N. LIC. NO. 49618 PECEINIC SURVEYDRS, P.C, ANY ALTERA77ON OR ADD177ON To THIS SURVEY IS A WOLA77ON OF (631 ) 765 — 5020 FAXI(631) 765-1797 SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. EXCEPT AS P, O. BOX 909 PER SEC77ON 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON 1230 TRAVELER _STREET ARE VALID FOR THIS MAP AND COPIES 7HEREOF ONLY IF SAID MAP [01- 1 ,98 OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE AREA=40,049 S.F. SGUTHOLD, N.Y, 11971 SIGNATURE APPEARS HEREON. d ti CA so �gcz cDkil Y i Q r 113 Qo 0 1-7 CHECK BOXES /-1S COMPLETE® ( ) Tape this form to ou.&-'-'- ( ) Pull ZBA copy of ND o a ( ) Check file boxes for F CL a ( ) Assign next number � y outside of file folder ° ( ) Date stamp entire or m, -n -u W 4 n co co 4 file number x o o "' m _ v :3o9: C � G) ( ) Hole punch-entire or Cr `D S• D v z a. before 1' � c ( sending to 7`.� o rn 0 o ' ( ) Create new index carr-r � m � o v � � � 5,j BOARD MEMBERS. riF SO�� Southold Town Hall Leslie Kanes Weisman,Chairperson �� y�!® 53095 Main Road-P.O.Box 1179 Patricia Acampora Southold,NY 11971=0959 Eric Dantes Office-Location: G QTown Annex/First Floor,Capital One Bank Gerard P.GoebringerO • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento CQU�e1 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 RECE VED 1:M Pia FINDINGS,DELIBERATIONS AND DETERMINATIOCT 1 O 2 1Q 7EJ � MEETING OF OCTOBER 5,2017 ,JrLJ ZBA FILE 7083 outhold Town Clerk NAME OF.APPLICANT: Charles and Lisa Howard. PROPERTY LOCATION: 455 North View Drive Orient,NY SCTM[No. 1000-13-1-9.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 9, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. -LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. SOUTHOLD TOWN ENGINEER This application, along with revised plans prepared by CWB Architects last revised September 12,2017 and a survey prepared by Howard M.Young;L.S.revised on September 14,2017 were referred to the Town Engineer for comment concerning compliance with Chapter 236 —'Stormwater Management The plan depicted the amended location of the proposed pool house and in-ground swimming pool. The Town Engineer, in his, e-mail correspondence of September 20, 2017, indicated that the plans reviewed meet the requirements of Chapter 236 for Stormwater Management. PROPERTY FACTS/DESCRIPTION• The subject property is a conforming 54,031 sq. ft. parcel located in R-40 Zoning District. The property measures 208.52 feet-fronting North View Drive along the northerly property line, measures 385.25 feet along the easterly property line, measures-150.00 feet fronting South View Drive along the southerly property line and measures 349.10 feet along the westerly property line. The Parcel is improved with a one story.frame home with an attached enclosed screen'room over garage as shown on a survey prepared by Howard M. Young,Land Surveyor, last revised April 4,2017. BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-15,Article IV, Section 280-19, and the Building Inspector's April 26, 2017, Notice of Disapproval, based on an application fora permit to construct an accessory in-ground swimming pool and an accessory pool house,.at: 1) proposed in-ground swimming pool located in other than the code required rear yard;2)proposed accessory pool house located in other than the code required rear yard; at: 455 North View Drive, Orient,NY. SCTM#1000-13-1-9.2. Page 2, October 5,2017 #7083,Howard SCTM No. 1000-13-1-9.2 RELIEF REQUESTED: The applicant requests a variances to construct two accessory structures; a pool house and an in-ground swimming pool to be located in the front yard area. The in-ground swimming pool shown on the survey measures 16 feet by 48 feet; and a proposed pool house with observation deck on top floor, measures 25.29 feet by 22.58 feet.Both structures are not permitted in the front yard. : AMENDED APPLICATION: During the public hearing of September 7, 2017, the applicant was asked to bring the plan into more conformity with the code. In addition,the Board requested architectural drawings that depict the height of the structure from the average grade, a site section showing the elevational change for the proposed pool, and a drainage plan. On September 14, 2017, the applicant's design professional, CWB Architects, submitted a revised site plan dated September 12, 2017 that relocated and amended the pool house to 21 feet by 28 feet, and relocated and amended the in-ground swimming pool with a hot tub to an L-shaped configuration ( measuring approximately 848 sq. ft.). In addition to accessory structures requiring relief, the site plan proposes landscaping features, a 6 ft. by 6 ft. shed for pool equipment located in the front yard, and a concrete retaining wall . In accordance with Chapter 236, and pursuant to the Board's request, the revised site plan depicted the average grade, site section and topography of the parcel. A revised survey dated September 14, 2017 details the following drainage and stormwater management features: 1. All driveway runoff leading to North View Drive and South view Drive(both private roads) 2. All runoff from the homes roofs into storm drains. 3. Containment for pump out station for mechanical pool pump, etc. and total pump out of swimming pool. 4. On-site containment of accessory with flat roof for possible observation deck 5.Non-turf vegetation buffer in front yard adjacent to North View Drive 6. Drainage of pool around cement pool patio, which allows drainage into this containment area. 7. French drain as indicated on proposed drainage plan indicating position of said drain on survey. FINDINGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Board of Appeals held a public hearing on this application on September 7,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1) Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' property has high and steep slopes primarily on North View Drive. However, the applicant did submit to the Board a substantial landscape and on site drainage plan by a Professional Engineer indicating how the subject parcel is going to contain its own stormwater water leading from both the north and south sides of the steeply sloped property. The subject pool and pool house will not be visible from the road, given the steep slopes on the property, and other home fronting on both North View and South View Drives also have pools located in front yards. 2. Town Lary X267-b(3)(b)(2)< The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has two front yards and no conforming rear yard in which to locate an in-ground pool and pool house. Page 3, October 5,2017 #7083,Howard SCTM No. 1000-13-1-9.2 3. Town Law 8267-b(3)(b)(3) The variance(s) granted herein is mathematically substantial, representing 100% relief from the code.However,the applicant is burdened with two front yards and no conforming rear yard. 4. Town Law 8267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and comments from the Town Engineer confirm the adequacy of the applicant's proposed drainage plan.. S. Town Law 8267-b(3)(b)(51 The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 8267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory pool house and an in-ground swimming g pool in the front yard, with mandated Stormwater Management provisions pursuant to Chapter 236 of the Southold Town Code while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Planamento, and duly carried, to GRANT the relief AS AMENDED and shown on the surveys prepared by Howard M. Young, L.S. last revised September 14, 2017 and Project and Site Information prepared by CWB Architects pages T-001.00,A-200.00, A- 202.00 and A-401.00 prepared by Young and Young last revised September 14,2017. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Board. OR DESIGNATED ]Member of the Board, shall inspect the premises after all work is completed and before a Certificate of Occupancy is granted by the Building Inspector. 2. The applicant Shall Plant Landscaping/Evergreen screening as depicted in site plan,page A- 200.00 prepared by CWB Architects dated September 12,2017. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. r � Page 4,October S,2017 #7083,Howard SCTM No. 1000-13-1-9.2 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,-and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. 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'"''�G,�1 „ C V'•t` N'i -�`,"'-t1e...a',.,•�` ;t�le'R C` --\ �'''xsr a! ��� 7�' 1 :. `.' e / HOWARD POOL HOUSE `' a3:s�+ ;r`:?'9 (T }.:,.xiy�i' `•',�.� =�' ./ __—. __ _.,.____ --- / i'r \.,; !�"', _!JC•'/..'-IeL>Cx'.�'F.G31 5 , C? m_ �i -5 . yyy 455 NO �I. -r. .'0'`4+ , •y;:e<�%•.,Sy?' .; `• �� q. `��, �3 i ",r '":+`,_''y. l ,r,r-ie,.L ohrs� ,N�.•r s;v•n..vo f' � `t.[. G / NORTH VIEW DR !„aX 'say•".r ry.u:4,,...', s`'~ ',,;:.�;"-,�.:.•.t'`r.� ! t 1 ,.�1� - J. J! '•~� "'`r• 't'r-'°.`�+'••�' dti�.:`.. ''ja5�''.h '""'r-r�I-)i: `, ,a:a '°'. ,.,-'�j \ 11\;`t"�'k' r' >('V 1 i t'A- L�.', ORIENT,NY 11957 .f1�'..tF?r' .� _ _ P4. '�> t ''W _*�.- �'r:*/ �•._ P :r\I_Yr^C.;`R�' I d''T tt -1:�. ' t�!+�t.Y m+;`.,,y :ri' �•+?i '. - Y., yYy. ..rPr..r< „' 4" `:r ;�.'.I __ __ _-_-_-.M,..-__.__--__ i ` �1i ..' / /:�" �.,• •r' / ;sr '� ,'�.`•`•ti i`�'....Y�A �q mow. .� ,.-^"" ,P,r.s ��! ,�• x /: '.i/ , P_ .-�[.�'�: � d r` �-. - G;•�� �i'�''• .,� ' :%. - . ss : ,:sl.>�- a—.�.''+.,/ /°'�,, �/ \-1�.• ��.-` -, �ROJ ECT Ft SITE yv''` 'y- "�� - '�.?.,,' _►'' r,-•i; `/,,F,',�`G• '.:ar�:::t' '4r,; `o yJr / //r>er,�'',^ir/, ,••-;. r\,�G INFORMATION A P'�?\:�..� ,�11 - '\{.�`�. ��.- t'Y�Y�•�^ f•. , ! / r/i�\\ ®amvaca mwl mn IA: M'FIN AP A,i r" ED BY ZBA —9 SEE DFt„_ ^N#-103 DATEv10 'C 7,aDa 01 OF O SITE PLAN � T-001 .00 CW04RCHITICTS El o MORIMENT SET ■•MOWJMeNT FOUND STAKE SET a STAKE POUND 0 PIPE POUND ®=-PIPE SET 1E5T HOLE NBY M �D0� OI/0/1"I EL- 104A � OA' DARK BROWN ' � (pwellln� AM Lo (OL) f y � IA' - GREYISH g BROWN SILT N DO � g l `OQ�\U 1'P 625 ♦ PALES $ \ QJ � O0��j4 • iV_��Rj _ GRASS eN \ ♦\ e14sAA' RASS PALS NRi Ept„ SILTY SAND ANgL� � I� (SM•MU Nls / _ PROPOSED A eg `80. o FENCE 0 0 Du 4 0 PALE 5RON9t g NNE SAND •TESET ON EII �s3ON +926 LP WfM4MAII \ 1 Osij 926 _+94.5 \ 41A' r+ p H16HEST EXPECTED E s _ ---- — 'L \A'//GROUNDWATER EL-5.0 PROPOSED 96 5 ` SANITARY SYSTEM 4 7 g 9 V DIA.x 4'ED.POOL / \ 9 4 lam• 0 lyl / oo� \ (POR POOL BAGKKA V ��4D, 98 1P / / L.F.e4 12 O^ ♦\�6 99. / r/6eto22 roe _ t 91 a5 o PROPOSED 10 1F� a Lp. GONG.PATIO cc11 2 a + 0. EXISTING SANITARY SYSTEM TO /E O�S@'+� \♦ ^-� I — b W BEH .G ABANDONED IN DARDS ANGE c y a WITH 5D.HS.STANDARDS y 19!t T/6-103.1 mJ��q ♦♦ P Byt /os PROPOSED SHM Sd� TM Y FOR POOL WAPK241- y tyP�' 1 / /i\ toe. -. o. ♦\ �A Pum05 86 1 43 So .y PROPOSED DRIVEWAY A � 9,O ,o9.e� � rano � Yom / o 8$o pq� EXISTING aRIVENaY . �y 1 ' 024 007 / 95.3 TO BE REMOVED 91 C •1 WIRI:FB7GE -112 112.4 114. l0 FFi ,11.4/ 120 - LP. " .i• v .� // /111014 32 l - � B"9sp _ 1j,�%'�� g�• --- --- _�1�'c x••i i �'''�(`dy/ J/ �'/ 321 r, 95 107.3 / 964+X 6 •/ 1 57 �- FINAL MAPS ' / r +65.8 _/A $ REMLEWEGrBYWA �L,V.dy � / / �' /1d v �'W a 100 4_ / , ��( /\ , \�Q Y / / ` S SEE DECISION #^-�-1)1-76T3 00� ,�/ DATED1L—I S I . 96a� ,i , Ile OCT 12 20111 , 51TE DATA AREA 12404 ACRES OR 54,031 SQ.FT. € � 0\Gt1t�0C� • VERT1GAL DATUM u NAV.DATUM 0408) 4s \\ • GROSS BOOR AREA a 2,285 50.F r. EXISTING HOUSE Q GARAGE u 1918 SO.FT. o PROPOSED POOL HOUSE SURVEY FOR fa 400 Ostralder Avenue,Riverhead,Now York 11901 CHARLES E. ,H0 � tel.691.929909 lax.691.12-7.01444 adminc�youngengineartng.com LISA RYAN HONAR12 �Q at Orient,Town of Southold }toward W.Young,Land surveyor Suffolk County,New York Thomas C.Wolppoerrtt,PNRCSDW41 Engineer , Douglas E.Adams,ProPesslonal Empoer Robert 0.Tact,Archltect 13UILDIN6 PERMIT SURVEY t� County Tax Map owmd 1000 seeuoe 13 01 Lot 9.2 �g 1} AM 5"( FIELD SURVEY COMPLETED .1AN 04,ZOI.1 SURVEYOR'S GERTIPIGAT MAP PREPARED JAN.06,eon r * �- Reeord OF Ravielona RECORD OP REVISIONS DATE W. oa.son �N P� Yp ZBA lnt.91.�N75 - seP.1b.201 $ Z ' 1 I x `� �0 56 O 25 so 100 �Wxt;t- J S=101 V = 50' 105 No.2016-0186 HOWARD K YOUNG,N.Y.S.LS.NO.45848 \ LAND DWG.2016_0105J:p ors PLOTiFD BY:da PLOT DATE,Sep 15,2017-10:35am ING FIM' Ft\2016\2016_16S\dwg\2o16-M85-bP.dwg DRAINAGE DESIGN CRITERIA 4 CALCULATIONS V = ARIC, A = AREA OF TRIBUTARY(S.F.) q R = RAINFALL (FT) F G = COEFFICIENT OF RUNOFF L.F.al L.F.#4 � REQUIRED REWIREP ` DRIVEWAY a 5,004 5F X 2/12 X IA•501 GP ROOF =645 SP X 2/12 X IA a 108 GP � GRASS -1,760 5F X 2/12 X 02 a 59 GP GRASS •"'to SP X 2/12 X 02 x 186 GP S TOTAL VOLUME REQUIRED x 560 GF TOTAL VOLUME REQUIRED a 294 CP 8'DIA.DRYWFLL WITH A CAPACITY OF 4224 GF/VF B'DIA DRYVELL WITH A GAPAGI'IY OF 4214 CFNF 560 OF/4224 GF/VF•159 VF REQUIREP 294 GF/42.24 GF/VF-9A VF REQUIRED PROVIDED PROVIDED g> USE(2)-V DIA.X T DEEP DRYNELLS a 591 CP USE 0)-W DIA.X 8'DEEP DRYWELL a 558 OF ' L.F.�►5 � L.F.+►2 I REQUIRED REQUIRED ROOF x 591 5F X 2/12 X IA-95 OF ROOF =645SPX2112XIA•141GP PATIO aWMSPX2/12X1.009bGF 2 TOTAL VOLUME REQUIRED a 191 OF SLATE E 4V I 8'DIA ORYWELL PITH A CAPACITY OF 42.24 CFM' SUITABLE COVER 999 108 CF/4224 CFNF a 2.6 VF REQUIRED 8'DIA.DRYWELL WITH A CAPACITY OF 4224 GF/VF PROVIDED 105 GP/4224 Gr-NF a 45 VF REQUIRED STOPPER OR END PLUG 24 USE 0)-V DIA.X 4'DEEP DRVVML a 169 OF PROVIDED It U5E(1)-V DIA.X b'DEEP DRYV'IELL a 255 GP L.F.#6 L.F.f►3 REQUIRED 'REQUIRED a 1,165 5F X 2112 X 1.0=194 GF GRASS °9,282 5F X 2/I2 x O2 a aaz GP .'.. ROOF � e'DIA.DRYV'ELL WITH A CAMIII OF 4224 GF/VF PROVIDED VARIES 194 GP/4224 CFNF-4.6 VF REQUIRED USE FRENCH DRAIN,5'W x 25V x 1001 x 0.40 =800 OF i PROVIDED USE 0)-a,DIA.X 6'DEEP DRYWELL a 255 GP SEWER PIPE, 90 ELBOW 60 WYE CLEANOUT DETAIL Nil FOR ARE-A5 NOT 5UB..ECT TO VEHICULAR TRAFFIC HOUM 4 z6 21' F1N43F w R.00R P1v106A PIMA BRADPgg CJ.DOVER P1v101A @..1000 R 11v1010 I �tt ' yMIN. I 41 DIA PV71.t1MAX $R -------'-' ---- — '– - C -- $ IEvI00A PIPE 02.QO% 4°DIA PVC. SIR IE•995 PIPE o 1.00% 090' PLOW LIRE' IE•990 IEv9B9 � OHe' 8 REMOVE UH91nTABLB MATERIAL� N • u BACKFILL WRH GWJ,N 5AND�6+RAVE1. EL.919 • '. H1sHrsr Y � ---8.00'----� eco'--IOROM HATER % t3•B o g 1,900 GAL.SEPTIC TANK (2)LFAGHINS POOLS HEALTH DEPARTMENT USE (OVERDl~51GNED) (400 sSIEV (OVER DEESIGNED) HYDRAULIC. PROFILE g INAL MAP -711JT5 SITE DATA � EVIEWED BY ZBAXWW AREA - 1.2404 ACRES OR 54,031 W.FT. �Q • VI RTIGAL DATUM a NAV.DATUM 0988) S EE DECISION #-1083 1 2.2017 • GROSS FLOOR AREA I WMNS-4g� HOUSE t GARAGE x,a2,25485 5SQQ.FT Fr.ATED� PROPS 4 I 0 PW OF APPEALSPool HOUSE SURVEY FOR 400 Ostrander Avenue,Riverhead,Now York 11501 W.651.9272303 fax.631.12'1.0144 adminSpungengineering.com GHARLE5 E. HOWARD �fta LISA RYAN HOWAR-P _ at Orient,Town of Southold Howard W Young Land Surveyor Suffolk County,Naw York - Thbmas G.Wolport,ProPeeslonal Engineer Douglas E.Adame,ProPeeeiortal Engineer Robert o.Tast,Architect BUILDING PERMIT SURVEY uD�t County Tax Map Dietnct 1000 actio,13 61oc1,OI Lot 9.2 �g tQ'1 SURVEYOR'S GERTIFIGATION FIELD SURVEY COMPLETED JA 04,2017 �g MAP PREPARED JAK 06,2017 t Record 04 Revislons g RECORD OF FWASION5 .DATE E W. J- WpHS KOICA APR 04.2019 rOg 0 In rf15ATA AUS-24 s2011_BAWMMMI aca.l4,soft �� Scale. N.T.S. JOB NO.2016-0185 HOWARD W.Y Ys.L.S.166.45895 LAND SJ DWb.2016_0185Jgp Z OF 5 � PLOTTED BY:doe PLOT DATE Sep 15.20t7-10.35cn DN'G FILE ii:\2016\2016-0185\dng\2016 M65-bp.d.g h P ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SOLUTIONS EAST LLC OF ( ,dw MAILINGSpa- S4—� Appeal # 7379 SCTM Parcel #1000-13-3-1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at Southold, New York, being duly sworn, depose and say that: On the 29th day of June, 2020, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property per attached mailing list. C---, PATRICIA C. MOORE Sw n to before me th' 1 St da f Ju , 2020 p� (N a Publi ) BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18 RECEIPT RECEIPT RECEIPT ' RECEIPT 9214 7902 7906 6900 0001 84 9214 7902 7906 6900 0001 39 - 9214 7902 7906 6900 0001 46 1 9214 7902 7906 6900 0001 53 FROM FROM FROM. FROM: MOORE LAW OFFICES MOORE LAW OFFICES l MOORE LAW OFFICES RE SOLUTIONS EAST ZBA RE SOLUTIONS EAST ZBARE SOLUTIONS EAST ZBA OFFICES RE SOLUTIONS EAST ZBA t SEND TO' { SE (jTQ�� ®` t ®C� SEND TO. NOFO PROPERTIES LLC Will m s&Alixan a Is I Pa E& all McNama Thomas Morgan&Mary Foster ATTN MARK&ELLIE GORDON 53 Ca I Sttj eat Apt 2W °� 40 Bg �yfp7 t J 146 CENTRAL PARK W APT 24E N w Y rk�Jy/�A013 I Ne Yo k NYb -' PO Box 511 NEW YORK NY 10023 �9 .� 1 �Q I Orient NY�$ 'H o 6 114 FEES i �- F tJ o F E .��,t/ Postage 050 Post postag I } �N 0 Q� 5-- Certified Fee 5 Certifie Cert�ed F 55 P stag �9 3 5> Return Re 5 285 C , e Fee �e p�r5 8sj� Return Race 2 85 Retum Receipt I Re 1 �0�2 Restricte d V may_ Restricted Restricted Res �eceipt T0L JG $690 66� j TOTAL $6.90 l TOTAL $6'90 TO $6 0 f PO T ARK 0 PDATE POSTMARK OR DATE j POSTMARK OR DATE ` POST A R DATE G � I i 1 f , j RECEIPT + 9214 7902 7906 6900 0002 077 - 'j RECEIPT FROM RECEIPT 9214 7902 7906 6900 0001 77 RECEIPT MOORE LAW OFFICES 9214 7902 7906 6900 0001 60 9214 7902 7906 6900 0001 91 i FROM: FROM RE SOLUTIONS EAST ZBA MOORE LAW OFFICES 1 FROM. 1 MOORE LAW OFFICES RE SOLUTIONS EAST ZBA + RE SOLUTIONS EAST ZBA MOORE LAW OFFICES �0 ll p T Ido®� RE SOLUTIONS EAST ZBA SEND TO. e t N To I ®y�1 P'�®C� David Backus&Deborah Marland SEN &� Ce 129 Park Place k t ® h r and N Ah rown �O� E ��0 Brooklyn NY 11217 I Dav R_ C R gmald Tut{y'll ,a I 4 S,i S EST 12 f�ardr Place tY� P RO rY',` b' 86 ��� r MARA 8 ookl n���;217 on 11957 �� CIO AUL M 0 E 88TH STREETS �. FEES c�9 �� II ORKNY 1'012/ Postag H 0 55 II �Q?O V FEE � 1 f1 N Certf�ied�13 C13 \E 0 50 Re Gr � iPt 2'� Poi ge Postage 3 55 I F ��� 3 5 Certified Fee 05 0 R stncd , -L Cert ie 85 85 2 85 Postage TTJJ t Return Receipt I 3 55 O ALA,?� $6 ` Returner�+ Restricted I Certified Fee 285 �� Restricted $6 90 I Rel Receipt POSTMARK ORD 1` TOTAL $6 90 TOTAL Restricted I � $690 POSTMARK OR DATE POSTMARK OR DATE I I TOTAL POSTMARK OR DATE �•' TOWN OF SOUTHOLD ' ZONING BOARD OF APPEALS 1.3 SOUTHOLD, NEW YORK AFFIDAVIT �L OF In the Matter of the Application of: POSTING Ea�A LLC SCTM No. 1000- 1?) — 1 j — (Name of Applicants) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, � , �Az residing at Q`l� cc ,New York, being duly sworn, depose and say that: I am the ( ) Owner or Agent for owner of the subject property On the day of/ ` 520 , 1 personally placed the Town's Official Poster on subject property located at: I D 6 IS U -b � TX\ve. indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date,which he in date was shown to be (Owner/Agent Signature Sworn to before me this Day of 20 26 BETSY A.PERKINS Notary Public, State of New York a/ No.01 PE6130636 o ary Pub ' Qualified in Suffolk CouJ Commission Expires July 1 p near the entrance or driveway entrance of property, as the area most visible to passerby Solutions East LLC Adjacent Properties List SCTM:1000-13-1-1 Nofo Properties Greenport LLC Attn: Mark & Ellie Gordon 146 Central Park W Apt 24E New York, NY 10023 SCTM:1000-13-1-2 William Adams &Alixandra Pearlstein 530 Canal Street Apt 2W New York, NY 10013 SCTM:1000-13-1-3 Paul & Geraldine McNamara 40 E 88th Street New York, NY 10128 SCTM:1000-13-3-2 Thomas Morgan & Mary Foster PO Box 511 Orient, NY 11957 SCTM:1000-13-3-3 David Backus & Deborah Marland 129 Park Place Brooklyn, NY 11217 And PO Box 72 Orient NY 11957 And Via email: debmariand@yahoo.com SCTM:1000-18-3-30.3 AGR North Brown LLC C/O Reginald Tuthill PO Box 86 Orient, NY 11957 SCTM: 1000-13-1-12.1 Brown Hill Est c/o Paul McNamara 40 E. 88th Street New York NY 10128 i TYPESET: in Jun 26 12 53:38 EDT 2020 dwelling; at 1) less than the code required NY SCTM No. 1000-40-2-11. LEGAL NOTICE minimum rear yard setback of 35 feet;located 2:00 P.M.-HARD CORNERS PROPER- SOUTHOLD TOWN ZONING BOARD at-5194 Great Peconic Bay Blvd,Laurel,NY. TIES,LLC#7387-Request for a Variance OF APPEALS SCTM No. 1000-128-2-20. from Article X, Section 280-46 and the THURSDAY,JULY 9,2020 at 9:00 AM 10:50 A.M.-MAUREEN BENIC#7389- Building Inspector's January 14,2020 Notice PUBLIC HEARINGS Request for a Variance from Article III,Sec- of Disapproval based on an application to This PUBLIC HEARING will be held tion 280-15 and the Building Inspector's No- construct a mixed-use commercial building virtually via the Zoom online platform.Pursu- vember 21,2019 Notice of Disapproval based with accessory apartments and four single ant to Executive Order 202.1 of New York on an application for a permit to legalize an family dwellings upon a 99,208 sq.ft.parcel, Govemor Andrew Cuomo in-person access "as-built"accessory pergola;at 1)located in at, 1) one commercial and four residential by the public will not be permitted. other than the code required rear yard;located uses upon a single parcel measuring less than The public will have access to view,listen at:375 North Parish Drive,(AdJ to Southold the minimum allowed 100,000 sq,ft in total and make comment during the meeting as it is Bay)Southold,NY.SCTM No.1000-71-1-4. area,located at:_53530 Main Road,Southold, happening via Zoom Details about how to 11:00 A.M.-ERIC FREND#7370-Request NY SCTM NO 1000-61-4-1 tune in and make comments during the meet- for a Variance from Article XXIII, Section The Board of Appeals will hear all persons ing are on the Town's website agenda for this 280-124 and the Building Inspector's October or their representatives,desiring to be heard at meeting which may be viewed at http-Hwww. 7,2019,Amended October 30,2019 Notice of each hearing,and/or desiring to submit writ- southoldtownnv gov/agendacenter.Addition- Disapproval based on an application for a ten statements before the conclusion of each ally,there will be a link to the Webinar Zoom permit to construct an accessory shed at, 1) hearing. Each hearing will not start earlier meeting at http//www southoldtownny.gov/ more than the code permitted maximum lot than designated above. Files are available calendar aspx coverage of 20%, located at 3690 Great for review on The Town's Weblihk/. If you do not have access to a computer or Peconic Bay Blvd.Laurel,NY.SCTM#1000- Laserfiche under ZoningBoard of Appeals smartphone,there is an option to listen in via 128-6-6 (ZBA)+oard Actions*ending.Click Link: telephone. You may Join by Telephone: +l 11:10 A.M.-ANTHONY NAPPA#7406- http,://24,38.28.Z28:2040/weblink/ 646 558 8656,Webinar ID:984 2067 7181, Request for a Variance from Article III,Sec- Browse.aspx?dbid=0.If you have questions, Password- 435764. Call the ZBA office at tion 280-15 and the Building Inspector's Jan- please telephone our office at(631)765-1809, 631-765-1809 for help. uary 28,2020,Notice of Disapproval based or by email:kimf@southoldtownny.gov 10:00 A.M. - A L E K S A N D E R on an application for a permit to construct an Dated:June 25,2020 MYFTARAGO #7346 - (Adjourned from accessory in-ground swimming pool; at, 1) ZONING BOARD OF APPEALS January 2,2020)Request for Variances from located in other than the code required rear LESLIE K A N E S W E I S M A N, Article IV, Section 280-15; Article XXIII, yard;located at.425 Jacobs Lane,Southold, CHAIRPERSON Section 280-124,and the Building inspector's NY SCTM No. 1000-88-1-15 BY:Kim E.Fuentes July 30, 2019, Amended January 17, 2020 1:00 P.M. - SOLUTIONS EAST, LLC 54375 Main Road(Office Location) Notice of Disapproval based on an applica- #7379-(Adj.from March 5,2020)Request 53095 Main Road(Mailing/USPS) tion for a permit to legalize an "as built" for a Variance from Article 111, Section P.O.Box.1179 accessory garage and demolish an existing 280-15 and the Building Inspector's Novem- Southold,NY 11971-0959 single family dwelling and construct a new ber 19,2019,Notice of Disapproval based on 2480830 single family dwelling;at, I)accessory ga- an application for a permit to construct an rage located less than the code required mini- accessory garage,at,1)located in other than mum rear yard setback of 3 feet;2)accessory the code permitted rear yard;located at 1055 garage located less than the code required North View Drive, Orient, NY SCTM No. minimum side yard setback of 3 feet,3)con- 1000-13-3-1. struction more than the code permitted maxi- 1:10 P.M. - ALEXANDRA BAUNMIND mum lot coverage of 20%,located at 135 Oak #7393-Request for a Variance from Article Place, Mattituck, NY. SCTM No. XXII,Section 280-105 and the Building In- 1000-142-1-11 spector's January 2,2020,Notice of Disap- 10:10 A.M.-RHODA M.URMAN AND proval based on an application to construct an STEPHEN SPILLER#7383-Request for a 8 foot deer fence;at, 1,)more than the code Variance from Article XXIII, Section permitted maximum four(4) feet in height 280-124 and the Building Inspector's De- when located in the front yard,located at 1965 cember 11, 2019, Notice of Disapproval Mulberry Street,Cutchogue,NY SCTM No. based on an application for a permit to con- 1000-83-2-12 1 struct additions and alterations to an existing 1:20 P.M. - ALEXANDRA BAUMRIND single family dwelling, at, 1) less than the #7394-Request for a Variance from Article code required minimum front yard setback of XXII,Section 280-105 and the Building In- 35 feet,located at 85 Lake Court,Southold, spector's January 2,2020,Notice of Disap- NY SCTM No 1000-59-5-8 3. proval based on an application to construct an 10:20 A.M. - PAUL M. FRIED AND 8 foot deer fence;at, 1)more than the code ELIZABETH O'BRIEN FREED#7385SE permitted maximum four (4) feet in height -Request for a Special Exception under Town when located in the front yard,located at 2215 Code Article III, Section 280-13B(13), the Mulberry Street,Cutchogue,NY SCTM No. Applicants are the owners of subject property 1000-83-2-12.2. requesting authorization to legalize an Acces- 1:30 P.M. - RIMOR DEVELOPMENT, sory Apartment in an existing accessory LLC, HARVEST POINT CONDOMIN- structure;located at 1050 Hyatt Road,South- IUM #7398 - Request for a Variance from old,NY SCTM#1000-50-1-13.1. Article XXII, Section 280-105A and the 10:30 A.M.-860 BAYVIEW DRIVE,LLC Building Inspector's January 23,2020 Notice #7386-Request for a Variance from Article of Disapproval based on an application for a III,Section 280-15F and the Building Inspec- permit to construct a 10 foot high fence sur- tor's January 6,2020 Notice of Disapproval rounding a tennis court,at 1)more than the based on an application for a permit to legal- code permitted four(4)feet in height when ize an"as-built"accessory garage,at, l)less located in the front yard,located at:51 Mill- than the code required minimum front yard stone Lane(Harvest Point Lane),Cutchogue, _ setback of 40 feet, located at 860 Bayview NY.SCTM No 1000-102-1-33 8 Drive, (AdJ to Spnng Pond East 1Vlanon---1:50 P.M.'ERHCSMITH-#7400-Request --- --"------- NY SCTM No 1000-37-5-10.1. for a Variance from Article III, Section 10:40 A.M.-MINTON IRREVOCABLE 280-15 and the Building Inspector's January TRUST#7388-Request for a Variance from 31,2020 Notice of Disapproval based on an Article XXIiI, Section 280-124 and the application for a permit to construct an acces- Building inspector's January 17,2020 Notice sory in-ground swimming pool,at 1)located of Disapproval based on an application for a in other than the code required rear yard, permit to legalize"as-built"additions and al- located at 280 Homestead Way,Greenport, terauons to an existing single family jA° #0002480830 ')STATE OF NEW YORK )SS: ��� OUNTY OF SUFFOLK) dvg Lori Bazata of Mattituck,in said county,bein duly sworn. ays that she is Principal) Clerk rk of THE SUFFOLK TIMES a weekly newspaper,published-at Mattituck, in the Town of -Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 66 weeks(s),successfully commencing on '07/02/202O Principal Clerk Sworn to before me this day of, \c '�o'A> ISSA R DEBOER F;i LIC STATE OF NEW YORK FFOLK COUNTY LIC.#01 DE 349898 COMM.EXP, 0 3 ap BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®F S® /y®. 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, ae Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��MUNT`1, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 9, 2020 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the July 9, 2020 ZBA meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide written comments via email or by USPS prior to the date of the public hearing. Please see instructions for the video conference hearing on our website under http://www.southoldtownny.gov/agendacenter for the date of the hearing. You may also join by Telephone: +1 646 558 8656, Webinar ID; 984 2067 7181, Password:435764. 1:00 P.M. - SOLUTIONS EAST, LLC #7379 — (Adjourned from March 5, 2020) Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019, Notice of Disapproval based on an application for a permit to construct an accessory garage; at, 1) located in other than the code permitted rear yard; located at 1055 North View Drive, Orient, NY. SCTM No. 1000-13-3-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at (631) 765-1809, or by email:kimf@southoldtownny.gov Dated: June 25, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 BOARD MEMBERS Southold Town Hall ` Leslie Kanes Weisman,Chairperson O�*QF $19Ulyol 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N g;..,_ :: � ;, � Town Annex/First Floor, Robert Lehnert,Jr. ® iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento !Ze, o� Southold,NY 11971 bttp://soutboldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax (631) 765-9064 June 22, 2020 Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the July_ 9, 2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live. Below, please see instructions for the video conference hearing and material required to prepare for the ZBA public hearing which include: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Posting should be done by July 1, 2020. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office verifying that you have properly mailed and posted. 5 Instructions for Laserfiche/Weblink to view application. Please send by USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by June 26, 2020. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. G Instructions for ZBA Public Hearing Page 2 b. Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtown.ny.gov or elizabeth.sakarellosntown.southold.ny.us c. Instructions for Laserfrche/Weblink to view all pending applications. Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfrche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold > Assessors > Assessment Books/Tax Rolls> 2010-2019 > 2019 http•//24 38.28.228:2040/weblink/0/doe/1022250/Pa eg l aspx. We ask that you scan and email the USPS mailing receipts, green signature cards and affidavits to kimf o southoldtownny.gov, and promptly mail the originals to the Town of Southold, ZBA, P.O. Box 1179, Southold,NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing pursuant to New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed,please let us know. Sincerely, Kim E. Fuentes Board Assistant kimf@southoldtownny.gov NOTICE OF HEARING The foDaowang appHca35on w500 be heard by the Southo9d Town Board of Appeags VHA ZOOM WEB9-' HAR - REFER TO ZEA S WEBSITE FOR AGENDA on h.ttp . cuthoOdtay.11nny. gov f7k U 0 M L Ln 7379 0 L NAMEM SCTM # 2' 1 000ml 3m3ml VARdANCEm LOCATION REQUEST ,.' 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"tr:.So13EAii1il cs Lasencche WebLink Home Browse Search TownOfSotRhold>Zoning Board of Appeals tZeA)>Board Actions>Pending LSf%J�'ib.,it✓tj—'�A'i:i yea piv {• ._.,. .. .1;:.:�»: .ntY YY �.,i.g.71 , Pending „ ., 9025 MAIN ROAD I.I.C.CARDINALE - Entry Properties }C&L REALTY Withdrawn Path 't.1)EMCAP SDI LLC ey7 � M., 7)+ .� �i'i � PECONIC RECYCLING TRUCK :tatd'.i; THE ENCLAVES Creation date 07370-Freed 1000-128-6-6 3+2d.'201;11,3i,G7 nM 07379-Sokrdons East 1000-13-3-1 Last modified ,V'3/2120 3 58-58 PM +7383-Spltier 1000-59 5 8 3 073845E-HNF Resorts.Mydon Resorts-Carnpgrouod 100&-4035 Metadata 07385 Sf-Feed 1000-50-1-13 1 No(ret,xW(a 15sigrieci x 07386 860 Bayview Drive-LLC 1000-37-5-10 1 07387 Hard Corner 1CO"I-4-1 ' 37387 Hard Corner-SITE PLAN-Arch Pians 1000-61-4 1 a7381?,Minton Irrev Trust 1000.128-2-20 '7j 07389 Benic 1000-71 1-4 07401 Nappa 1D00-88.1-1 5 Page t of t Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http•//24 38 28 228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Lasertiche WebLlnk �- ® LyxeoL�nt Heir ..nwt. vgn cx,t Home Hrowse Search 7rmn^t5nl,lhold>?cning Eo1 10'hnp+3IS(7BA)>Board Actions rJame ea ounl :`Tp '•Cr xN" ;Y,'$nA?�..x' F%v =S?n';�V Board Actions ge ..-e �,.?has ��"�KM�:`l�r}.r��..r�.�_. _ Yy 1957 19'9 Entry Properties w 19201939 Path ,;:oc0 i L`v.Vv:lr$:111 h:r'Lrrs•{61 11 �`7,>�w.11>t76ARH�.,l.a1nl5 ,L 2001 Creation date J 2002 71:i I Laserfiche Instructions ZBA Files Page 4 cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Lasencche WebLmk mshrl sl Home Browse Search Cala,,:.;cert, ice; Son,,E liR by Relevance r c9s Hen•pery-1 oaar•• ;iL%G16 Eie�d hams a, B-zuG ACUor,1S-P-)pages) C•wt,-._4Jd Page count 63 Template name Board Actions Reset 'z;e Colin and Kristen Cashel PROPERTY LOCATION 162 Lower Sh-ngle H,II Fisher +age a 19 2017 97016,Cashel SRM No 1000-9 1.26 minimus approval to re— 'w 1. � > y 19,2017 0 7 016 Cashel SCTM No 1000 9 1.26 GRANT the---es a- Stmch Paet c COLIN S KRISTEN CASHEL 5ECT ION 009 BLOC Page 0 Thomas Ah'gren(UshN}PO Bolt 3a2 FiShe4 Island NY z Show mare Information h 7018 Beard ACW,.5-56 Pages) Page count 56 Template name.Board Actions P1sra8 9.30A_M COLIN CASHEL AND Vanames under Anile ld Section ANN Pig-3 ance(s)KRISTEN CASHELs7016-Request proposed trellis located In other tha z Show more mlormation Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Laserflche WeLILInk " 'e n1,—,."L mei; nI— °; Hemp Browse tea'(n oair^nuth,.d>:M1a`c Bodrd of f;){xals(2t1Aj>MtrlUteS/Agpndds7le$aN NoIK@YMt MtnL`,s Mlnuies/Agendas/Legal - r1fiP P.E.1-1 T`"'P°u - Nouces/Hearings - +9971979 Em1Y P'o'>e tle5 1930•9.79 Path -sole -:0.1 I Creation date • i :0 d Last modined 2G•6 1 ?0'c Meladata ;G`7 ,c.,_ .., re•,U ,1 Erto Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. n \ Laserfiche Instructions ZBA Files Page 5 Laserflche Webl-mk My waa.n.: He.P L`,a�7 Home Browse Search TU OfS-UthovlZoning Boar C;of App�al fZW M g5>2017 2077 par,n cwnt7,t.•� 7-.}4yJ•;�aar i J Z9A GoW2017 7 s Entry Properties j ZSA-01/0512017 Agenda < Path J ZOA 01:0;12017 Healing 1) U'J{.Deal; •.]Z9A OIIWZ0'7 LN 1 t7r;A;•/A.n1R csA2LMtckY'Jtrycd �ZBA-Uf/19J20f7 • NMv r,Jf,earin({:12f•t; , ZBA-01/1912017 Agenda 2 Oeatlon date `2•lbr>177G t 1 la PV •j ZBA-02/0217017 LLst modffled ;)ZBA 02/02!2017 Ager A < 154.20 SR PIA Zbn 02/02/20:7 Hea•1ng d5 Meladata ,,,J ZBA 02/02'2017 LN 3 ,•j ZBA 02/16/2017 Agerda J _r R'MLfI, h4�•1M �ZBA 02'16.20.7 Special 3 tdwe&Rn,.an „J ZBA-03!02120.7 m/hWh-PaP-finearaL--21 ,j ZBA-03!02!2017 Agenda < ,j ZBA 03/02/2017 Heanng 65 ZBA-03/02/7017 LN 3 ,j ZBA 03/16/2017 Agenda 3 j ZBA 031160017 Sp-1 3 •3 ZBA-0.U06J20t7 5 J ZBA-0006/2017 Agsrtda a j ZBA-Ga/06.'2017 Hexing d5 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT Solutions East LLC POSTING #7379 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-13-3-1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charles Kitz, of Mattituck, New York, being duly sworn, depose and say that: On the 26 day of February, 2020, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, March 5, 2020 at 10:20 a.m . 3" fit., s Charles Kitz Sworn to before me this day of otary Public pATRICIA C MooRE t4OTARY PUBi1C,STATE OF NEW YORK Flegistration Na 01MO4861M My Comm isim Exi p esJuna 18.2 �3 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SOLUTIONS EAST OF MAILINGS Appeal # 7379 SCTM Parcel #1000-13-3-1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JULIA SPANBURGH, residing at Riverhead, New York, being duly sworn, depose and say that: On the 14TH day of February, 2020, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signatur Sworn to before me this Iq da f 20 ( try Public) BETSY A. PERKINS Notary Public, Slate of New York No. 01 PE6130636 Qualified in Suffolk Count Commission Expires July 18, Amok IU.S. Postal Servi - Postal CERTIFIED oRECEIPT,,. CERTIFIED oRECEIPT v '—Domestic Mail Only p" m Domestic only ni Por delivery information,visit our Website at www.usps.com". rq rr 1 Certified Mal Fee rrl M Certified 1 Fee •7- Extra Services&Fees(checkb addf asapompn -- ❑Return Receipt(hardcopy) ,7' Extra Services&Fees(checkbox,add fapa tto pdatal r•� ❑Return Receipt(electronic) $ r ❑Return Receipt(hardcopy) O ❑Certlffed Mail ResWcte I behvery Postmark k //I ❑Return Receipt(electronic) $ Postmark fP3 Here Y ` ❑CartlFled Mail Restricted Delive $ Here E3 Adult \V1 ❑Adult Signature ResWctedD�e�lg I ❑AdultSignatureRequlred, pnetnno �/� 0 ❑Adult Signature ResWctedDot ery INIW, d S p —- $ �°/ J� i 0 Postage Paul&Geraldine McNamara I rru u 0 A w 40 E 881h Street David Backus&Debora and o New York,NY 10128 - a 129 Park Place rte,. Brooklyn,NY 11217 --- ----- - ------------ J -- ------------- PS Form 3800 Arpril 2615 PSN 7530-02-000..9 See Reverse for Instructions _ U.'s. . • CERTIFIED MAIL@ RECEIPT '. CERTIFIED MAILO�RECEIPT : j rn Domestic Mail Only Domestic Mail Qniy `lam ra m f� 1T1Certified Mall Fee r Certified Mall r- ��_ b f U1 $ }1 �\ u7 $ y Extra Services&Fees(check box add fee as appropriate) Extra Services Fees(check box,eddies as appropriate) l) ❑Return Receipt(hardcopy�� $ ❑Return Receipt(hardcopy) $- r•� ❑Return Receipt(electronic) $•-- Postmark r=1 ❑ReturnReceipt(eleotronic) $ Postmark ❑Certified Mail ResWctedelivery $ Here O ❑Certified Mail Restricted DoNjIV �$-- \. Here O []Adult Signature RequiredVC,\ $ / C3 [:]Adult Signature Requi�f C3 ❑Adult3lgnatureResWctedDglmery$ ❑Adult Signature ResWctefbls�ive'$ '� Postage �) Postage r ir X i I Ir � \i1e, riJ I \William Adams&Alixandra Pearlstein Nofo Firopert "m 6. ) �a i 530 Canal Street Apt 2W ------------------ o Attn: Mark&Ellie Man --------------- New York,NY 10013 ----------------- r,- 146 Central Park W Apt 24E ------------------------ t' New York,NY 10023 1 Postalwill - Postal, CERTIFIE1 ■ ■ 1 CERTIFIED © ■ • /. • /� tic hik O N rU ru Certified Mall Fee M Corti ied.Mail Fe Ln s Ln s-r Extra Services&Fees(check box, d fea appropriate) .�' Extra Services&Fees(checkbox propdate) ❑Return Receipt(hanicopy) S ❑Return Receipt(hardcopy) .N 1 Postmark r9 ❑Return Receipt(electronic) F.$ Postmark l rq ❑Return Receipt(electronic) I Here O ❑Certified Mall ResWcted Delive )`$ �' f/ f r HerA O ❑Certified Mail Restrict Deilve O y$� ,t•� ) 1 ! [:]Adult Signature Required • )ce, 0 ❑Adult Signature Required 1 Adult ,` C3 []Adult SignatureResWctedDelNe � ❑ — I Postage -— — \ �/ (l J 1 Ir Postage E3 g _ C3 - �'H•L�'O rruu �� - ni North Brown LLC I Thomas Morgan&Mary Foster co ' C/O Reginald Tuthill 1:0rq PO Box 511 ---- i o PO Box 86 N Orient,NY 11957 - (` Orient,NY 11957 M= r , IT I SENDER: COMPLETE e eMPLETE THIS S!FCTION,ON DELIVERY A Signature---. N ❑Agent MOORE LAW-OFFICES_ - �, ❑Addressee 51720 MAIN--ROAD X % a����. _ SOUTHOLD NY 11971 B Re c ved by(Pan d Name) C Date of Delivery 1 Article Addressed to delivery ad s different from item 1'2 11 Yes `- I .Diet• elroer address below ❑ No WILLIAM AD'AM �. ':°.ALIXANDRA P ARL�S �iTN 530 CANAL STRLET APT 2W IEW YORK NY 1UU13 II II I I II I II I li ill 11 l lllllll 111 l 11 9902 7906 69110 0001 33 fie Number(Transfer from service label) 3 Service Type 21 Certified Mail® qGe�4ifjed Mad@ = X14 7902 7906 6900'-0001 39 Restricfedplivery , PS Form 3,811 Facsimile, Jul,•y 2015; i Domestic Itirrrn Receipt MOORE LAW OFFICES A. signatur ❑gent ! Addressee; 51020 MAIN .ROAD SOUTHOLD NY 11971 B. Received by(Pr6tedlVame) C. Date D very I c :n i j1 Article Addressed to. Y'; D Is delivery address di Brent from item 1 AS / I! *c If YES,enter delivery address below- ❑ o i DAVID BACK.P'Sr14 DEBORAH MARL ND } i I �e 7 $ III III II IIIIIIIIIII III IIIII IIIIIIIII I III I II 9290 9902 7906 6900 0001 64 2 Article Number(Transfer from service label) 3 Service Type M Certified Mad® ❑Certified Mail@ 9214 7902 7906 6900 0001 60 Restricted Delivery FS Forrn;3811 ;Fasmile,;July 20151; Domestic Return Receipt - e e e e e Jl A. Signature ❑Agent MOORE­LAW—OFFICES ddressee { 51020 MAIN ROAD � v X SOUTHOLD NY 11971 f• ceived by(Pnnted a e C7V1,124 of Delivery /104121/Q.2-54AJ 1 Article Acdressed to D Is delivery address different from item J? El Yes THOMAS M`®R�'A'-N '&j-MARY FOSTER If YES,enter delivery address below: ❑No PO BOX 511 ORIENT NY- 11957 , 1111111111111111111-��11111111I1111111111111 - 1 9290 9902 7906 6900 0001 57 2 Article Number(Transfer from service label) 3 Seance Type ®Certified Mail@ ❑Certified Mail@ 9214 7902 7906 6900 0001 53 Restricted Delivery r i. "PS Form 3811 FFacsit'iile July 21115 ; Domestic Return Receipt MOORE L LAW OFFICES A• ature ' 51020 MAIN ROAD ❑Agent SOUTHOLD NY 11971 X 1 ElAddressee els 1 B Received by(Printed Name � C. ate of Delivery ��✓ 1 Article Addressed to D Is delivery address different from item 1'2 ❑ LUG I NORTH BROWN LLC If YES,enter delivery address below: El No C/O REGINALD TUTHILL i PO BOX 86 ORIENT NY 11'957 IIIIII IIIIIII IIIIII IIIIIII 111111 IIIII 111111 9290 99�0T2 7906 6900 0001 26 2 92i14N7 berg r7906o 6900 label)01 22 3 Servicer e YP ®Certified Mail® ❑Certified Mad ) I • i t PS I i Restricted Delivery I Forrii 3811 Facsim'hei, JuLy`2015'' ' Domestic Return Receipt i . COMPLETE THIS SECTION ON DE ■ Complete items 1,2;and 3. .,A,Signature ■ Print your name and address on the reverse X �'p `^- ,,,� 13Agent _ r so that we can return the card to you. i/ `�`�%�- ❑Addressee I ■•Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 11< :, ,I 1. Article Addressed to; D. Is delivery address different from item 17 ❑Yes i IfYES,'e ter f eliveryaddress'below: ❑No North Brown LLC C/O Reginald Tuthill ` I PO Box 86 IOrient,NY 11957 1 t3 r ' 3. Service Type ❑Priority Mail Express® II I IIIIII IIII III I IIIIIII IIIIIII III II II I II I I III 0 Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 0 Certified Mail@ Delivery 9590 9402 5397 9189 4428 36 ❑Certified Mail Restricted Delivery ❑Return Recelpt for 11 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM ❑Insured Mal ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt j�_l_, 11 it it tl�l t 11111 } i ti i � 1 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signetu j ■ Print your name and address on the reverse X ❑Agent I so that we can return the card to you. 153 Addressee t ( ■ Attach this card to the back of the mailpiece, B. Re Nip IPO, de!) f or on the front if space permits. 1. Article Addressed to: 'D. Is delivery address different from item 1 ❑Yes' l If YES,enter delivery address below. ❑No f Nofo Properties Green 6rt'�LLC l p p Attn: Mark&Ellie Gordon 146 Central Park W Apt 24E I'New York,NY 10023 3. Service TypeII 0 Priority Mall Expresso I IIIIII IIII III I IIIIIII IIIIIII IIII I I I it III III 13Adult Signature ❑Registered Mail 1:1Adult Signature Restricted Delivery ❑ Restricted Mail Restricted ❑Certified Mad® Delivery 9590 9402 5397 9189 4427 82 ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"+ i ❑Insured Mail 0 Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery ' PS Form`13811,,`July,2015 PSN 7530-102-000-9053 (over$500)9053 Domestic Return Receipt ; SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A/.)iGnature i ■ Print your name and address on the reverse X so that we can return the card to you. Addressee jBeceive tl dntedt ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, /Nor on the front if space permits. 1. Article Addressed to: elivery address diff ent from item 1? ❑Yes i z If YES,enter delivery address below: ❑No David Backus&Deborah Marland VZZ _ a� I 129 Park Place Brooklyn,.NY 11217 3. Service Type 0 Priority Mail Express@ II I IIIIII IIII III I IIIIIII IIIIIII III II I I II II I I I o Adult Certified n Ir Restricted Delivery EIRReAdult Signature 0 9Veryed Mailistered Restdcted� 9590 9402 5397 9189 4428 29 ❑Certified Mad Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise f 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ; ❑Insured Mad 0 Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) 1P,,S Formj3811,'Ju1y12015 PSN'7530-02-000-9053 'I Domestic Return Receipt" ETE THIS • • • • s ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX E3 Agent' so that we can return the card to you, 11 Addressee ■ Attach this card to the back of the mapiece, B. Received by Tint I N e) C�DKeo ilvery or on the front if space permits. j 1. Article Addressed to: _ ___ D. Is de(Very address different oeem 1 es lr`f J If YES,enter delivery address below. E3o I William Adams&Alixandra Pearlstein 530 Canal Street Apt 2W New York,NY 10013 3. Service Type ❑Priority Mad Express@ II I IIIIII IIII II I IIIIIII IiIfIII Ill iI I l I i i II III ❑Adult Signature ❑El Mail 1 ❑Adult Signature Restricted Delivery Registered Mail Restricted ❑Certified Mad@ Delivery I 9590 9402 5397 9189 4428 05 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect an Delivery Merchandise I 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation 11Insured Mall Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015,PSN 7530-02-000-9053 Domestic Return Receipt i r_ 1 l ;� i SECTIOSENDER COMPLETE'THIS . ON ON DELIVERY ■ Complete items 1,2,and 3. A. Signature y ■ Print your name and address on the reverse X te, f p C3 Agent so that we can return the card to you. ❑Addre e ■ Attach this card to the back of the mailpiece, B• eceived try(Prfinted,(Vame) C. D t ery or on the front if space permits. - 1. Article Addressed to: D.' Is delivery address different from item 1? ❑Yes ( - If YES,enter delivery address below: [3 No Paul& Geraldine McNamara 140 E 881` Street 1 New York,NY 10128 3. Service Type ❑Priority Mail Express@ (+ II I IIIIII III III I IIIIIII IIIIII IIII I IIIIII I III ❑Adult Signature ❑Registered MalAdult Signature Restricted Delivery ❑Re$istered Maill 11R Restricted ❑Certified Mail@ Delivery 9590 9402 5397 9189 4427 99 ❑Certified Mail Restricted Delivery ❑Return Receipt for j ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ❑Insured Mail - ❑Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,Julyr201t5 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETFTHIS SECTION • • ON DELIVERY ■ Complete items 1,2,and 3. Al gnatu e � ■ Print your name and address on the reverserjuk— E3 Agent s so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• ecy(Printed Name) ate of Delivery f or on the front if space permits. i 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes 1 If YES,enter delivery address below: ❑No t Thomas Morgan&Mary Foster PO Box 511 Orient,NY 11957 !� II I IIIIII III III I IIIIIII IIIIIII III II II I III I III 3. Service Type ❑Priority Mail Express(g) y ❑Adult Signature ❑Registered MaiITM l ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9402 5397 9189 4428 12 ❑Certified Mail Restricted Delivery ❑Return Receipt for j ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑signature ConfirmationTM ❑Insured Mail El Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Fd n 3811,July 2015'PSN 7530-02-000=90531 1 Domestic Return Receipt BOARD MEMBERS ��,®F S®Uj�® Southold Town Hall Leslie Kanes Weisman,Chairperson - 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® �Q Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento �C®Uy,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 2, 2020 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 2, 2020. 1:20 P.M. - SOLUTIONS EAST, LLC #7379 — (Adjourned from March 5, 2020) Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019, Notice of Disapproval based on an application for a permit to construct an accessory garage; at, 1) located in other than the code permitted rear yard; located at 1055 North View Drive, Orient, NY. SCTM No. 1000-13-3-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: March 19, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 BOARD MEMBERS ®��®F S Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �► • a� Town Annex/First Floor, Robert Lehnert,Jr. ®�,� 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®UN�`(,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 5, 2020 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. MARCH 5, 2020. 10:20 A.M. - SOLUTIONS EAST, LLC #7379 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019, Notice of Disapproval based on an application for a permit to construct an accessory garage; at, 1) located in other than the code permitted rear yard; located at 1055 North View Drive, Orient, NY. SCTM No. 1000-13-3-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: February 20, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 .;...�NING BOARD OF APPEALS - MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 2, 2020 Re: Town Code Chapter 55 -Public Notices for Thursday, April 2, 2020 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained. by the Southold Town Assessors' Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to, you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the' best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the- returned letter to us as soon as possible; -- --kND-not-laterthan-Ma-rch-23rd�ease-either-mail-or-deliver-to-our-offiee yourAffda-vit-of ---- Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as,soon, as possible. If any signature card is not returned, please advise the Board, during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 25th : .Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 31, 2020. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS): Very truly yours, Zoning Appeals Board and Staff Ends. T I E F H EHkl '1+l0 The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : SOLUTIONS EAST LLC #7379 SCTM # 0. 1000- 13-3- 1 ' VARIANCE: LOCATION 1 -11EQUESTEN CONSTRUCT ACCESSORY GARAGE LATE : THURS . , APR 2 , 2020 1 : 20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TYPESET- Thu Feb 20 10 47.20 EST 2020 Section 280-124 and the Building Inspector's of Disapproval based on an application for a LEGAL NOTICE October 25, 2019, Notice of Disapproval permit to construct additions and alterations SOUTHOLD TOWN ZONING based on an application for a permit to con- to a single family dwelling,at,1)less than the BOARD OF APPEALS struct additions and alterations to an existing code required minimum front yard setback of THURSDAY,MARCH 5,2020 single family dwelling; at, 1) less than the 40 feet;2)less than the code required mini- PUBLIC HEARINGS code required minimum side yard setback of mum rear yard setback of 50 feet,located at NOTICE IS HEREBY GIVEN,pursuant to 15 feet, located at 3825 Stillwater Avenue 155 West Shore Road,Southold,NY.SCTM Section 267 of the Town Law and Town Code (Adj. to Eugene Creek), Cutchogue, NY No 1000-80-2-25 Chapter 280(Zoning),Town of Southold,the SCTM No 1000-137-1-3.1. The Board of Appeals will hear all persons following public hearings will beheld bythe 10:40A.M.-EDWARDD.FRANCO#7377 or their representatives,desiring to be heard at SOUTHOLD TOWN ZONING BOARD OF -Request for Variances from Article III,Sec- each hearing,and/or desiring to submit writ- APPEALS at the Town Hall,$3095 Main tion 280-15; Article XXII, Section 280- ten statements before the conclusion of each Road, Southold, New York on 105(A);and the Building Inspector's October hearing Each hearing will not start earlier THURSDAY,MARCH 5,2020. 18,2019,Amended October 30,2019 Notice than designated above Files are available for 9:40 A.M.-PAUL REINCKENS#7359- of Disapproval based on an application fora review during regular business hours and Request for a Variance from Article XXIII, permit to legalize an"as built"six (6)foot prior to the day of the hearing. If you have Section 280-124;and the Building Inspector's high fence in the front yard of a single family questions,please contact our office at,(631) October 1,2019,Amended October 3,2019 dwelling and to construct accessory mounted 765-1809,or by email. Notice of Disapproval based on an applica- solar panels,at,1)proposed solar panels Io- kimf@southoldtownny.gov tion for a permit to construct a porch addition cated in other than the code required rearyard, Dated.February 20,2020 attached to an existing single family dwelling; 2) "as built" fence is more than the code ZONING BOARD OF APPEALS 1)located less than the code required mini- permitted maximum four(4) feet in height LESLIE KANES WEISMAN, mum combined side yard setback of 25 feet; when located in the front yard; located at CHAIRPERSON located at 1065 Hummel Avenue,Southold, 15919 Route 25, (Adj. to the Long Island BY:Kim E Fuentes NY.SCTM#1000-63-2-26. Sound) East Marion, NY. SCTM No. 54375 Main Road(Office Location) 9:50 A.M.-PAUL REINCKENS#7361SE- 1000-23-1-8.1. 53095 Main Road(Mailing/USPS) Request for a Special Exception under Article 1:00 P.M. - 925 YOUNGS ROAD, LLC P.O.Box 1179 IIi,Section 280-13B(13),the Applicant is the #7378-Request for Variances from Article Southold,NY 11971-0959 owner of subject property requesting au- XXIII,Section 280-124 and the Building In- 2453780 thorization to legalize an Accessory spector's October 17,2019,Notice of Disap- Apartment in an existing accessory structure; proval based on an application for a permit to and request for a Variance from Article III, construct additions and alterations to an exist- Section 280-15;and the Building Inspector's ing single family dwelling;at,1)located less October 1,2019,Amended October 3,2019 than the code required minimum rear yard Notice of Disapproval based on an applica- setback of 50 feet, 2) located less than the tion for a permit to legalize"as built"addi- code required minimum side yard setback of tions and alterations to an accessory garage 15 feet;located at 925 Youngs Road,Orient, converted in to an "as built" accessory NY.SCTM No. 1000-18-1-4. apartment;at, 1) located less than the code 1:10 P.M. - BEACHWOOD ROAD 22, required minimum side yard setback of 5 feet; LLC #7380 - Request for Variances from located at 1065 Hummel Avenue,Southold, Article XXIII, Section 280-124 and the NY SCTM#1000-63-2-26. Building Inspector's November 12,2019,No- 10,00 A.M. - MILEVA GOBIC AND tice of Disapproval based on an application DRAGANA GOBIC#7374-Request for a for a permit to demolish an existing single Waiver of Merger petition under Article II, family dwelling and build a new single family Section 280-10A,to unmerge land identified dwelling; at, 1) located less than the code as SCTM No. 1000-70-9-35 which has required minimum total side yard setback of merged with SCTM No.1000-70-9-36,based 25 feet;2)more than the code permitted maxi- on the Building Inspector's October 7,2019 mum lot coverage of 20%, located at 545 Notice of Disapproval, which states that a Beachwood Road(Adj.to the Great Peconic non-conforming lot shall merge with anadja- Bay), Cutchogue, -NY SCTM No cent conforming or non-conforming lot held 1000-116-4-22 in common ownership with the first lot at any 1:20 P.M. - MARLEY MCDERMOTT time after July 1, 1983 and that non- AND TRAULANE AGRUSA#7381-Re- conforming lots shall merge until the total lot quest for Variances from Article III,Section size conforms to the current bulk schedule 280-15 and the Building Inspector's De- requirements(minimum 40,000 sq.ft in the cember 2,2019,Notice of Disapproval based R-40 Residential Zoning District),located,at on an application for a permit to construct an 465 Mailler Court,Southold,NY SCTM Nos. accessory in-ground swimming pool and to 1000-70-9-35& 1000-70-9-36. legalize an"as-built"accessory deck;at, 1) 10:10 A.M.-JOSEPH MITCHELL#7375 swimming pool located in other than the code -Request for a Variance from Article XXIII, required rear yard, 2) "as built" accessory Section 280-124 and the Building Inspector's deck located in other than the code required November 13,2019, Notice of Disapproval rear yard;located at 275 Majors Path,South- based on an application for a permit to legal- old,NY SCTM No 1000-54-1-26 1 ize an"as-built"front portico and roof alter- 1:30 P.M.-JEFFREY R,LEMLER AND ation attached to an existing single family ANCA LEMLER #7382 - Request for a dwelling, at, 1) located less than the code Variance from Article III,Section 280-15 and required minimum front yard setback of 40 the Building Inspector's November 19,2019, feet,located at 1380 Corey Creek Lane(Adj. Notice of Disapproval based on an applica- to Corey Creek),Southold,NY.SCTM No. tion for a permit to construct additions and 1000-78-4-18 3 alterations to an existing single family 10:20 A.M. - SOLUTIONS EAST, LLC dwelling resulting in a swimming,1)located #7379-Request for a Variance from Article in other than the code required rear yard, III,Section 280-15 and the Building Inspec- located at 320 Broadwaters Road, (Adj. to tor's November 19,2019,Notice of Disap- Broadwaters Cove) Cutchogue, NY. SCTM proval based on an application for a permit to No 1000-104-10-6. construct an accessory garage,at, 1)located 1:40 A.M.-CONO CIMINO#7338-(Ad- in other than the code required rear yard, joumed from December 19, 2019) Request located at 1055 North View Drive, Orient, for Variances from Article XXIII, Section NY SCTM No 1000-13-3-1. 280-124 and the Building Inspector's June 12, 10:30 A.M. - MILDRED DAVID #7376- 2019,Amended October 4,2019 and Notice Request for a Variance from Article XXIIi, #0002453780 STATE OF NEW YORK) _)SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck, in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 02/27/2020 Principal Clerk Sworn to before me this 437day of ZO?1b . CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01 V06105050 Qualified in Suffolk County My Commission Expires 02-28-2024 NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 5, 2020 Re: Town Code Chapter 55 -Public Notices for Thursday, March 5, 2020 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from Iany public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than February 25th : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 26th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 3, 2020. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. �+IvTIi, E uF HEARIi4o "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : NAME : SOLUTIONS EAST LLC #7379 SCTM # m. 1 000- 13 - 3 - 1 JARIANCENE LOCATION REQUEST: CONSTRUCT ACCESSORY GARAGE DATE : THURS . , MAR. 55 2020 100020 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 --J BOARD MEMBERS oE SO!/Ty0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� ,�a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento y�DUM`l, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 3, 2019 Tel.(631)765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7379 Owner/Applicant: Solutions East LLC Action Requested: construct an accessory garage Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch it so By: Encls. Survey/Site Plan: John C. Ehlers Land Surveyor, dated November 23, 2019 �r NOD Westermann, Donna From: Westermann, Donna Sent: Wednesday,July 01, 2020 12:28 PM To: Eric Dantes; Leslie Kanes Weisman; Nicholas Planamento; Patricia Acampora; Robert Lehnert Cc: Fuentes, Kim Subject: #7379-Solutions East LLC Attachments: 7379-Solution East surve_20200701112521.pdf Good afternoon everyone, Please see attached new survey for#7379 dated March 17, 2020. Thank you, Donna Donna Westermann Zoning Board of Appeals Town Annex/First Floor 54375 Main Road P.O. Box 1179 Southold, New York 11971 (631) 765-1809 1 i 93 1 RECEIVED r; i j ; I NOV 2 5 2019 1I Zoning Board Of Appeals � Q '�Onr R w b I � I , ; o I , j t of A �- 017 ¢f i =Job view Ppl� Date - Elizabeth Thompson Architect m 5 Mwr k jy VW -� P.O. Box 464 917-848-1541 Title Scale orient, NY 11957 - � � � �� IM 61, �_C>11 www.elizabeththomps6narchitect.com I - LOT AREA = 28,311 SQ. FT. '(0,--- acres) 20163 EXISTING SPOT .ELEVS. _ (94.5) RECEIVED AUG 10 2020 !vow OPERnES�1 - . Zoning Board of Appeals 1000 GRffNPO� ,CCC. NOW _'3 1-2 AQ 14S NOW' GERAL•DINE Mc-NAMARA 1000-13—' 1=3 ` Q&1) N ,9.42 001 /'NOR •6e DRIVE x c�+�) ";C a, 1 p°�°°I. N 6T42'40"E 71.40' s ari eQy �� �. (000) 201.61 O. Oz' Ofr,?d. r 16.2', 2z STY F72 N Q•p 0 "''OiL / � �c ;OWELlING 4 ,101 (92.Z) (91 e) 34 x---_r FC, I" '; / x (QZ•3) X13.6' � Pool fence 22'W �• 'S.2'E •�. - - 01.0 pool ' ` =P—nt x rood dem lis) LTITI, ; in"Pool .6ywrt �{�' � O02 , IL O. (4A) v� 010 F� x few 0 W r �:E ,;�` 157.93'. 0.5'N '12'50 iess) S' 57oRAH ►�,AR� ., NOW 100_13-3_3 8-5-2020 ,REVISED THE''OFF$EIS (OR-DIMENSIONS)JSHOWN HEREON 1FROM'THE-STRUCTURES-TO,THE PROPERTY,,LINES`ARE-FOR'�,SPECI[1C P(JRPOSE','IWD:USE"ANDi,,)HEREFORE ARE NOT JOB No. 20-42 FILE' No. ',1036 F L IRTENDED;TO GUME,THE ERECnON-.OF.FENCES,,RE?NNING'WALLS. POOLS, PATIOS, • . ,4', ANY OTHSt CONSTRUCTONPLAN11pG ARFAS.:DOIONTO,t�,UlDNGS iii" . SURVEYED FOR SOLUTION EAST,,,LLC UWIU iORRED/LLTERAAON'9R'ADDMON M THIS•SURVEY 1s'A VIOLATION`OF SECTION '•. Z209,OF-THE NEW'YORK'STAIE'•EUUGTION LAW. j - GUARANi»S:1NDtCATED'HEREON SHALL RUN;QNLY 70,Tk•PERSON'FOR.WHOM THE S" SURVEY',IS'PREPAREro' iMLp oM,liis'DEiuLF TO;THE'.mIE.COMt?/iw1 GOYERNUETIrAL SITUATED =AT -ORIENT AGENCY AND•LENDING'INSTITUTION LISTED HF3tE0N,'AND TO=THE ASSICNEES OF,THE = ys tolf, "ON.,-,GUARANTEES AMwN,TRANSFFRAL3LE'TO ADOMONwINSTTTUTIONs• TOWN OF 'SOUTHOLD,,•SUFFOLK ;C UN DtR'suBSEtiuTxr O"Em _ 0 TY,.,N.Y., _ ;coPiES:oP Ttns sitRv�r.auP,yot rwiNc it •tiwq''suRt�rosrs wxE� sFu oR SCALE 1,",L= 50' `DATE' 3-17=2020 - EMBOSSED SFJ L'SHAH NOT_E)E•CONSIDERI]Y T6-Es,i=HALTD•TRUE COP)!l FILED MAP,No. 'DATE' ,. ;CERTIFIED -:ONLY ; �I - ��� k - TAX MAP No. 1000=1'3-3=1' DISK -'20201 0 HOOLU F:. TRANCHQN,-JR':'.�R,C: j" F x z. r�.�' r _ •M LAND;SURVEI(OR' _ P.0':',BOX"616 " =• - ' -. ' : ' -''- ,•. .'- ,' "' : ; , 186,6 WADING RIVER-MANOR-,RD. WADING,`RIVER;. YIORK;`'1'1792 C. No; 048992 63:1_929=4695' HAROLD'.F::TRAN . I�IyD LIC: ftp. 2115=E a• - � ,;nom _, - _ �, - - � •Y } :� �1VI LOT AREA = 28,311 SQ. FT. (0.650 acres) JUN 8 4 2020 o+iih ggard 0f Appeals N 79• oRTX SEW 42 00 ye DRIVE 156.50, h ro N 6742'40"E 71.40' Z / GPOSEo 201.61' a Z O' 'A P 2z*Z2 r O a"� 0 fTt O O 0, o O -)b 2 sTy FR RI Rn D � A r� / L DW EEL R c'v (fib ;u 7- r� 5 O m y O N� O O AOM Z O_ MO93' N 157. S 571 FOR EW GERALDINE & NOW OR PAUL McNamara THE OFFSETS (OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT JOB No. 20-42 FILE No. 1036 F INTENDED TO GUIDE THE ERECTION OF FENCES. RETAINING WALLS. POOLS, PATIOS, PLANTING AREAS, ADDITION TO BUILDINGS OR ANY OTHER CONSTRUCTION. SURVEYED FOR SOLUTION EAST, LLC UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL SITUATED AT ORIENT AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. OR SUBSEQUENT OWNERS COPIES OF THIS SURVEY MA' NOT SURVEYQR'S INKED SEAL OR SCALE 1" = 50' DATE 3-17-2020 EMBOSSED SEAL SHALL NOT BE 0 IDS �A D TRUE COPY. FILED MAP No. DATE CERTIFIED ON S . I.IRAiv®� TAX MAP No. 1000-13-3-1 y DISK 2020 HAROLD F. TRANCHON JR. P.C. s LAND SURVEYOR P.O. BOX 616 ?n• ° - 'S$ � �� ���'� 1866 WADING RIVER-MANOR RD. WADING RIVER, ® LAND sv NEW YORK, 11792 N.Y. LIC. No. 048992 631-929-4695 HAROLD F. TRANCHON JR. PENN. LIC. No. 2115—E Patricia C. Moore Attorney at Law � 51020 Main Road �J Southold,New York 11971 ED RECFIV' Tel: (631) 765-4330 JON Fax: (631) 765- 4643 20 ® 61) CJs June 26, 2020 Attn: Donna Westermann Zoning Board of Appeals 54375 Route P.O. Box 1179 Southold,NY 11971 Re: SOLUTIONS EAST LLC #7379 Per your request, enclosed please find three original copies that pertain to the matter referenced above. Thank you. Sincerely, �y Patricia C. Moore PCN �s Enlc. 5UR\/EY OF PROF)�--:-ZTY 51TUATE: ORIENT N TOWN: 5OUTHOLD � � w 5UFFOLK COUNTY, NY �, a ?oa E 5URVEYED 05-17-2017 PROP. GAR. II-08-2019, II-23-2019 RECEIVED I (p\ SUFFOLK GOUNTY TAX # NOV 2 5 2019 1000 - 15 - 3 - 1 edge of pavement • Zoning Board of Appeals �v �TIIIEDTO: ��6 SOLUTION EAST,]LILA ,�b � �7 — ' � `\ .• � �" -o ADVOCATE.S A13ST1RAL11C,INC. , i _ 7 B — — 0 -- _ — — — — WEST(CO R T=INSU]RANC E COMPANY 1 &-%,4 S VOO. 9, CoQ, 9 �0 ti S i 61 o � dto oma° Um Lh lzod opera Lon ar aaaltbn to o—ey C. Ey���� mop t eatNg a Iice sed lana m df §seal b a bbtbn of secNOn 7309 9Ub-Nvblan 2 of the Ner.Yak la+° �° � "chiy coptee Prom tre ongiml oP thn survey �j � ke0 nrth an OrlgYal of tM IoM eweyorS ' �/`�� ° � 7O � �� � stanpad%al shall be c«bmeretl to l>e wlitl trve copses ' { °Gertiebotlporo lw-ted that tllb MN code o}p Gcti Fa L Sw ey9 a a A the Nen Ya^k$tote lnwclatbn of Pro Pe 1z" L.aM Surveyore Som cert6k-9 shall p only r `/ Eccc to to tha pariah Par[from the survey b prepared. �O and an rib benalr w nK tale cagy,NOTE5: °6` ��tb m, Nell�"I��w� �W 5020 ■ MONUMENT l tis�0 LAN D S � [lore ore not Moreferoble to aG1lNanal IretltatkXb AREA = 28,312 5F or 0.65 Acres JOHN C. EHL 1S AND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE I"= 30' RIVERE EAD,N.Y. 11901 369-8288 Fax 369-8287 REF.-C:\Usem\john\Dropbox\02\02\02-310 SWw pro 1 p GSIi31PM G � RECEIVED 1 Fire separation NOV 2 52m required as per INSPECTION ka"QU9RED PM Code; Zoning Board; Of A-pe,Is PLUMBER CERTIFICATION PL ON LEAD CONTENT-BEFORE �o MBI1 NG ERTIFICATE OFOCCUPANC � ; LL'PLUNBlN�WASTE A-WATER LINES NEED ,. SOLDER USED IN WA TE BFO E COVERING SUPPL Y SYSTEM CANNO EXCEED 110 OF 1% LEATOO . '•�\ IZGM/flYG \V c.�cl4 ♦ \ ca s F 3 c ♦ 9 p Elizabeth Thor � - f 250 Mercer St. B801 New York, NY 1001 } www.elizabeththom BOARD MEMBERS �F soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� jy0 53095 Main Road•P.O.Box 1179 �� !Q Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes vs Town Annex/First Floor, Robert Lennert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov r -ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 26, 2020 Patricia Moore, Esq. 51020 Main Road Southold,NY ,11971 Re_: ZBA—Application#7379 Solutions East, LLC, 1055 North View Drive, Orient SCTM No. 1000-13-3-1 -Dear Mrs. Moore; Transmitted for your records is a copy of the Board's August 20, 2020 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application, As indicated in the decision, the applicant must submit revised architectural drawings for the proposed 16 feet by 22 feet accessory garage as shown on the amended survey. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please don't hesitate to contact our office. Since ely, Kim E. Fuentes Board Assistant Encl. Patricia C. Moore Attorney at Law 51020 Main Road Soithold,New York 11971 Tel: (631) 765-4330 Fa: (631) 765-4643 -September 2, 2020 Attn: Kim Zoning Board of Appeals Town Hall Annex Building 54375 all 25 Southold,NY 11971 RE: SOLUTIONS EAST LLC Dear Kim, _ Enclosed please fund 2 sets of the site plhnn for the above referenced matter sated on 07/31/2020. Also enclosed please find the green receipt cards that have bpen teturned Very truly yours, 1 t 1 Patricia C. Moore PC js Enclo . 17 1 j Ap M) 2 6 7.2A(c) 1,011c, on 820 16A / nal &19 1.7A / 1.7A j' ea nn %a 818 d 1.7A ce m / 8?2 s� &17 �Off. °q rm� o0 17A y�( &23 /. 816 ` �J8.14 10A(c) 824 „a m0 p 4 %:%�•,� O s 6 815 D+i 8.25 va"s o 1.3A(c) S ae y °jh' s hd� s i nm CR "Y. s 1 52� 8.13 e 12 826 s.1 � � .� QST a oma. � 1 zA(D) ,� 1 1A(D) 12 1 � i1A(c) H 113 811 a 828 a 16A(c) AA(D) 101 102 w Ro &1° /j Q Zy 1 $ 291 5 1.6A ^s 9 '$ ^ OJ2 m 8 29 �' •rL F� W 1_7A(c)Ile. 2 wl w 34 FOR PCL NO T ss. �,J. 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